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Full text of "Code of laws of South Carolina 1952, Annotated"

Hie 

University of South Carolina 




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OCT 2 2 2004 
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1952 SUPPLEMENT 

TO THE 

CODE OF LAWS 

OF 

SOUTH CAROLINA 
1952 



1952 GENERAL AND PERMANENT STATUTES 

CODIFIED IN DETAIL OR BY REFERENCE 

ANNOTATIONS 



By 

The Code Commissioner and the Committee on Statutory 

Laws of the General Assembly of the State of 

South Carolina 



, PRINTED UNDER DIRECTION OF 
STATE BUDGET AND CONTROL BOARD 



Copyright 

1953 

By THE STATE OF SOUTH CAROLINA 



NOTICE 



This supplement to the Code of Laws of South Carolina, 1952, is compiled and 
published as required by section 1-307 thereof. 

General and permanent 1952 statutes are codified herein. Some of said statutes 
are not printed in detail ; however references to such statutes are made under 
effected code sections. As a general rule all statewide provisions are printed in 
detail. 

The effect of orders of the State Educational Finance Commission on school 
districts is shown. 

Annotations in this volume started where annotations in the 1952 Code ended 
and terminated with 221 South Carolina Reports, 106 Federal Supplement, 198 
Federal Reporter (2d) and 72 United States Supreme Court Reporter. 

Acknowledgment is hereby made of the able assistance of S. Henry Edmunds, 
Esq., of Charleston, in the preparation of the annotations. 

FURMAN R. GrESSETTE, 

Code Commissioner 

W. Brantley Harvey, Chairman 

Lionel K. Legge, Vice-Chairman 

J. Carl Kearse 

Bruce W. White 

Paul M. Arant 

James B. Moore, 

Committee on Statutory Lazvs 



TABLE OF CONTENTS 



Laws 

page 

Constitution of the State of South Carolina, 1895 p age 263 

Tnrlpv 

starts after page 268 



1952 Supplement 

TO THE 

Code of Laws of South Carolina 
1952 



Title 1. 

Administration of the Government. 

Chapter 1. General Provisions, § 1-65. 

4. Attorney General and Solicitors, § 1-259. 
9. Census, § 1-601. 
12. State Finances, § 1-745. 

CHAPTER I. 

General Provisions 

Article 5. 

Provisions Affecting Local or Local and State Officers. 

§ 1-54. Contracts in excesss of tax or appropriation; diverting public funds. 

Applied. Beachman v. Greenville County, ply act. McKown et al v. Daniel et al, 217 
218 S. C. 181; 62 S. E. (2d) 92, (1950). S. C. 510, 61 S. E. (2d) 163, (1950). 
Held inapplicable to a certain county sup- 

§ 1-65. Public employee taking written statement from another shall give 
copy to such person. 

Whenever any person employed by this State, or any county, city or municipality 
thereof, or any part of any such governing body, shall take a written statement 
in any investigation of any kind or nature from any person, the person receiving 
or taking the written statement shall give to the person making the statement a 
copy thereof and shall obtain from the person making the statement a signed 
receipt for the copy so delivered. 

1952 (47) 1977. 

See §§ 17-513.1 and 26-7.1. 

CHAPTER 2. 

Governor and Lieutenant Governor. 

Article 3. 

Appointment and Removal oj Officers. 

§ 1-122. Officers Governor shall appoint. 

Applied. Bradford and Maloney, et al v. 228, (1952). 
Byrnes, et al, 221 S. C. 255; 70 S. E. (2d) 



§ 1-259 1952 Supplement 2 

CHAPTER 4. 

Attorney General and Solicitors. 

Article 2. 

Solicitors. 

§ 1-259. Assistant to solicitor of Ninth Judicial Circuit. 

The circuit solicitor of the Ninth Judicial Circuit may appoint a competent 
attorney, who is a resident of the circuit, as an assistant who shall perform any and 
all of the duties and functions imposed by law upon the circuit solicitor as the 
solicitor of the circuit may designate and direct. Such assistant shall enter upon 
his duties upon the approval of a majority of the legislative delegations within 
such circuit. He shall receive as compensation for his services such amount as 
shall be appropriated by the counties in such circuit, eighty per cent of such amount 
to be paid by Charleston County and twenty per cent of the amount to be paid 
by Berkeley County. 
1952 (47) 2076. 

CHAPTER 9. 

Census. 
§ 1-601. United States census of 1950 adopted. 

The United States census of 1950 is the true and correct enumeration of the 
inhabitants of the several counties, municipalities and other governmental sub- 
divisions of this State. 

1952 (47) 1694. 

CHAPTER 12. 

State Finances. 

Article 3. Article 7. 

Deposit of State Funds, § 1-745. State Treasurer, § 1-872. 

Article 1. 

General Provisions. 

§ 1-701. Money to be spent only for purposes specified. 

Held inapplicable to a certain county 217 S. C. 510; 61 S. E. (2d) 163, (1950). 
supply act. McKown et al v. Daniel et al, 

Article 3. 
Deposit of State Funds. 
§ 1-745. Collateral as security. 

Any such depository may, instead of such surety bond in an approved surety 
company, furnish, as surety for such deposit or deposits, United States Govern- 
ment bonds, Federal farm loan bonds issued by Federal land banks pursuant to 
the Federal Farm Loan Act as amended, Federal intermediate credit bank deben- 
tures issued by Federal intermediate credit hanks pursuant to the Federal Farm 
Loan Act as amended, debentures issued by Central Bank for Cooperatives or- 
ganized under the Farm Credit Act of 1933, and bonds or other obligations of this 
State or any political subdivision thereof. Said surety shall be filed with the proper 



3 Cora: of Laws op South Carolina, 1952 § 2-51 

officers within one week after deposit shall be made, or at the time of deposit, if 
required. 

1952 (47) 1892. 

Article 7. 

State Treasurer. 

§ 1-872. Disbursement of funds received from Clark Hill project area. 

The State Treasurer shall remit all funds received by him from the United 
States Government, or any agency thereof, when such funds are derived from the 
sale or lease of any property belonging to the United States Government and 
located in the Clarks Hill project area, to the treasurer of the county in which 
the transaction arose. Such funds received by the county treasurer shall be placed 
in the general county fund. 

19S2 (47) 2169. 

Title 2. 

Aeronautics. 

CHAPTER 1. 

General Legal Principles. 

Article 2. 

Miscellaneous Provisions. 
§ 2-21. Construction. 

This section does not relieve a master or on Government vehicle, necessary to prove 

principal from the ordinary burden of lia- that accident was intentional on part of 

bility under the rule of respondeat superior. Government driver or caused by heedless 

Oswald v. Weiner et al, 218 S. C. 206; 62 or reckless disregard for the rights of 

S. E. (2d) 311, (1950). others. Alexander v. United States, 98 F. 

In suit under Federal Tort Claims Act Supp. 453 (1951). 
where plaintiff's intestate was a trespasser 

CHAPTER 2. 

Uniform State Regulatory Law. 

§ 2-51. South Carolina Aeronautics Commission; membership and terms. 

Cited. Evatte v. Cass, Mayor, et al, 217 S. C. 62; 59 S. E. (2d) 638, (1950). 

Title 3. 
Agriculture. 

CHAPTER 3. 
Marketing of Agricultural Products. 

Article 6.1. Article 8. 

Darlington County Fanners Marketing Greenville County Marketing Commission, 
Commission, § 3-266.21. § 3-294.1. 

Article 7. Article 8.1. 

Florence City-County Agricultural Com- Horry County Marketing Commission, § 
mission, § 3-267. 3-297. 



§ 3-266.21 1952 Supplement 4 

Article 6.1. 
Darlington County Farmers Marketing Commission. 
§ 3-266.21. Appointment; terms; etc. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1912 to 1914 make up this section. 

Article 7. 
Florence City-County Agricultural Commission. 
§ 3-267. Members; terms; pay; vacancy. 

The Florence city-county agricultural commission shall be composed of six 
members, who shall be selected as follows : one by the legislative delegation of 
Florence County, one by the city council of the city of Florence, one by the Flor- 
ence Chamber of Commerce, one by the district agent of Clemson College Exten- 
sion Service, one by the district supervisor of agricultural education, and the other, 
the sixth member, shall be selected by the five members selected as provided above. 
With the exception of the initial terms the terms of office shall be for a period 
of three years from July 1 1950 ; but the terms of the initial members, shall be 
from the dates of their respective appointments and for a regular term from July 
1 1950. Their successors shall be filled as provided for the original appointments 
and any vacancy occurring for any cause shall be filled in the manner provided 
above for filling the office in which the vacancy has occurred. All members shall 
serve until their successors shall have been appointed and qualify and without 
compensation. 

1952 (47) 1718. 

Article 8. 

Greenville County Marketing Commission. 

§ 3-294.1. Issue bonds for grain elevator and grain processing plant. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2164 to 2169 make up this section. 

Article 8.1. 
Horry County Marketing Commission. 

§ 3-297. Appointment; etc. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2154 and 2155 make up this section. 

Title 4. 
Alcohol and Alcoholic Beverages. 

CHAPTER 1. 
The Alcoholic Beverage Control Act. 

Article 5. 
Regulation of Licenses. 
§ 4-72. Maximum sale prices for wholesalers and retailers. 

Retail liquor store dealer not compelled ins v. S. C. Tax Commission, 219 S. C. 260; 
to charge and collect a profit of 257c. Jenk- 64 S. E. (2d) 883, (1951). 



5 Code op Laws of South Carolina, 1952 § 5-103 

Article 6. 
Offenses and Enforcement. 
§ 4-93. Assisting in unlawful transportation. 

Cited. The State v. Edwards, 220 S. C. 37i: 6S S. E. (2d) 346, (1951). 
§ 4-95. Unlawful possession. 

The court of general sessions does not ing liquor. State v. Castleman, 219 S. C. 
have jurisdiction to try a person for a first 136, 64 S. E. (2d) 250. 
offense of unlawful possession of intoxicat- 

§ 4-1C7. Penalties for violations. 

Sentence of eighteen months for posses- Goodal, 221 S. C. 175; 69 S. E. (2d) 915, 
sion and storage of alcoholic liquors in (1952). 
"store house" not excessive. The State v. 

CHAPTER 2. 

Beer, Ale, Porter and Wine. 

Article 2. 

Permits for Sales. 

§ 4-215. Acts prohibited on licensed premises. 

Sale of beer by a licensed dealer to an Failure show purchaser intoxicated or 

intoxicated person is in violation of statute, any evidence thereabout fatal in attempt to 

although that illegal act alone does not ere- apply subdivision 2 above. South Carolina 

ate a public nuisance of the dealer's place Tax Commission v. McLain, 218 S. C. 285; 

of business. The State v. Rackley, 221 S. C. 62 S. E. (2d) 505, (1950). 
49; 68 S. E. (2d) 873, (1952). 

§ 4-217. Appeal from order of revocation or suspension. 

Cited. Gommillion v. Forsythe, et al, 218 S. C. 211; 62 S. E. (2d) 297, (1950). 

Title 5. 

Amusements and Athletic Contests. 

Chapter 1. Circuses, Carnivals and other Traveling Shows, § 5-2. 
2. Motion Pictures, etc., § 5-103. 
8. Dance Halls, Slot and Music Machines, § 5-625. 

CHAPTER 1. 
Circuses, Carnivals and other Traveling Shows. 

§ 5-2. Same; certain local exceptions. 

****** 

The Aiken County Fair Association shall have the exclusive right to conduct 
a fair and carnival in the city of Aiken and an area of three miles surrounding it 
from September fifteenth to October fifteenth of each year. 

1952 (47) 2075. 

CHAPTER 2. 

Motion Pictures, eTc. 

§ 5-103. Motion pictures, athletic sports and musical concerts on Sunday in 
certain counties, cities and resorts. 



§ 5-103 1952 Supplement 6 

It shall be lawful to exhibit publicly motion pictures, athletic sports and musical 
concerts and to engage therein from and after two o'clock p. m. on Sunday (a) 
in counties containing a city having a population of more than sixty-two thou- 
sand, (b) in cities from sixteen thousand to sixteen thousand one hundred 
in population according to 1940 official United States Census, (c) in counties 
containing a city having an exact population of five thousand seven hundred 
forty-seven according to the 1940 official United States census, (d) in cities 
with a population from six thousand two hundred twenty-five to six thousand 
two hundred fifty according to the official United States census for 1940, and 
(e) in incorporated seashore resorts, if the exhibition of such motion pictures 
and engagements in athletic sports is lawful on other days in the week; provided 
that no such amusements shall be publicly exhibited or engaged in between the 
hours of seven p. m. and nine p. m. on Sundays. 

In incorporated towns and cities a special permit must first be obtained from 
the governing body. Outside of incorporated towns and cities a special permit must 
first be obtained from the governing body of the county except in a county con- 
taining a city having an exact population of five thousand seven hundred forty- 
seven according to the 1940 official United States census. 

Any person exhibiting publicly motion pictures, athletic sports or musical con- 
certs in any such county or city on Sunday during any hour not herein authorized 
or without first obtaining the special permit herein required shall be guilty of a 
misdemeanor and upon conviction thereof shall be punished by a fine of not more 
than one hundred dollars or imprisonment of not more than thirty days. 

1952 (47) 1930. 

Cited. Bishop et al v. Hanna, Sheriff et al, 218 S. C. 474; 62 S. E. (2d) 308. (1951). 

§ 5-104. Same; in other counties, cities and towns. 

Cited. Bishop et al v. Hanna, Sheriff, et al, 218 S. C. 474; 62 S. E. (2d) 308, (1951). 

CHAPTER 8. 
Dance Halls, Slot and Music Machines, eTC. 
Article 3. 
Slot and Music Machines Generally. 
§ 5-625. Hours of operation of music machines outside of municipalities in 
Clarendon, Georgetown, Kershaw and Richland Counties. 
It shall be unlawful for any owner, lessee, custodian or other person in pos- 
session, for himself or another, of any nickelodeon, piccolo, phonograph or other 
mechanical or automatic music box or machine to operate the same or suffer or 
permit the operation thereof in or about any store, filling station, highway ot 
other public or semi-public place outside of the limits of any incorporated town 
in Clarendon, Georgetown, Richland and Kershaw Counties after ten thirty 
o'clock p. m. and before seven o'clock a. m. or in Darlington County after twelve 
o'clock midnight on Saturday and before seven o'clock a. m. on the Monday fol- 
lowing or in any of said counties at any time in hearing distance of any church 
during church or other religious services. Every violation of the terms hereof 
shall be a misdemeanor and any person upon conviction shall be subject for each 



7 Code of Laws of South Carolina, 1952 § 6-363 

violation to a fine of not less than five dollars and not more than fifty dollars 
or imprisonment for not more than thirty days. 
1952 (47) 1726. 

Title 6. 

Animals. 

Chapter 2. Dogs and Rabies, § 6-151. 

4. Livestock and Poultry Generally, § 6-361. 

CHAPTER 2. 

Dogs and Rabies. 

Article 3. 

Miscellaneous Provisions. 

§ 6-151. Considered property when exempt from taxes. 

Dogs shall be held to be property in any county of the State where they are 
exempt from taxation. 

1952 (47) 1898. 

CHAPTER 4. 

Livestock and Poultry Generally. 

Article 4. 
Branding or Earmarking Livestock § 6-361. 

Article 2. 

Livestock Trespassing or Running at Large. 

§ 6-311. Domestic animals not to be permitted to run at large. 

Cattle killed by train; proof of negli- Co., 217 S. C. 190; 60 S. E. (2d) 226, 
gence. Johnson v. Atlantic Coast Line R. (1950). 

Article 4. 
Branding or Earmarking Livestock * 
§ 6-361. Definitions. 

The following words and phrases, as used in this article, shall have the following 
meanings, unless the context otherwise requires : 

( 1 ) "Livestock" includes neat cattle, horses, mules, asses, hogs, sheep and goats. 

(2) "Owner" and "stock owner" mean any person who owns livestock. 
1952 (47) 2175. 

§ 6-362. May brand livestock. 

It is lawful to brand livestock with the owner's brand in accordance with the 
provisions of this article. 

1952 (47) 2175. 
§ 6-363. May use earmark to mark livestock. 

In addition to, or as an alternative to, a brand, any person may have an ear- 
mark for marking livestock. All provisions of this article relating to brands shall 
apply to earmarks. 

1952 (47) 2175. 



§ 6-634 1952 Supplement 8 

§ 6-364. Individual brand for wife, minor or guardian. 

A wife who owns livestock separate from her husband or a minor who owns 
livestock separate from his father or guardian may have a brand. The father or 
guardian of any minor who has a brand shall be responsible for the proper use 
thereof. 

1952 (47) 217S. 
§ 6-365. Have or use only one brand. 

No person shall have or use more than one brand. 

1952 (47) 2175. 
§ 6-366. Application for adoption of brand; certificate. 

Any person desiring to adopt any brand for branding livestock, which brand 
is not then the recorded brand of another, shall forward to the Secretary of State 
a facsimile of the desired brand together with a written application to adopt the 
brand. The application shall state where the brand will appear on the livestock. 
A fee of three dollars shall be enclosed with the application. Upon receipt of the 
application and the fee, the Secretary of State shall register the brand and issue 
to the applicant a certificate showing that his brand has been registered, unless 
the brand is already registered as the brand of another or unless the brand would 
probably be mistaken for a brand already registered, in either of which cases the 
Secretary of State shall return the facsimile and the fee to the applicant. The 
certificate shall show on its face the brand which has been registered and the place 
where the brand will appear on the livestock. 

1952 (47) 2175. 
§ 6-367. Expiration of brands; renewal; certificate. 

On July 1 1962 and on July first of every tenth year thereafter the registration, 
certification and recording provided for in §§ 6-366 and 6-384 shall expire; but 
upon application filed within six months prior to the expiration of any term, the 
registration may be renewed for another term. Applications for renewal shall 
be accompanied by a fee of three dollars. A certificate as provided for in § 6-366 
shall be issued upon each renewal, and such certifirate shall be recorded, and a fee 
of one dollar therefor shall be paid to the clerk of court. 

1952 (47) 2175. 
§ 6-368. Notice of expiration. 

The Secretary of State shall notify registrants of the necessity of renewal within 
the six months next preceding the expiration of registration by writing to the 
last known address of the registrants. The notice shall state that if the owner fails 
to renew the registration of his brand it will be declared abandoned and allowed 
to other applicants. 

1952 (47) 2175. 
§ 6-369. Abandonment. 

Failure to renew the registration of a brand as provided in § 6-367 shall con- 
stitute an abandonment of the brand. Any brand which has been abandoned may 
be allowed to other applicants after the lapse of six months from the expiration of 



See §§ 6-301 and 6-302 for branding animals of another. 



9 Codb of Laws of South Carolina, 1952 § 6-383 

registration, but the Secretary of State may allow any abandoned brand to the 
former owner at any time before the brand is allowed to another. 
1952 (47) 2175. 

§ 6-370. Transfers. 

Any brand registered under the terms of this article may be conveyed to an- 
other by an instrument in writing, in duplicate, duly executed, but the conveyance 
shall not be complete until the instrument has been registered with the Secretary 
of State. Upon registration of the instrument and payment of a fee of three dollars, 
the Secretary of State shall issue to the purchaser, in his name, a new certificate 
for the remainder of the term of registration. The certificate shall be recorded, 
and the fee shall be paid, as provided for in § 6-384. 

1952 (47) 2175. 

§ 6-380. Cancellation. 

The Secretary of State shall cancel the registration of any brand : 

(1) at the written request of the owner, 

(2) upon failure to renew the registration in accordance with the terms of this 
article or 

(3) upon the order of any court of competent jurisdiction. 
1952 (47) 2175. 

§ 6-381. Revocation of registration for improper use. 

The registration of any brand granted under this article may be revoked by the 
order of any court in this State upon a showing of improper use of the brand. 
1952 (47) 2175. 

§ 6-382. When owner may brand livestock. 

If livestock are branded by the owner, they shall be branded as follows : neat 
cattle, horses, mules, and asses shall be branded before they are twelve months 
old and hogs, sheep, and goats shall be branded before they are six months old. 
The ages specified herein shall not apply to livestock which have passed those 
ages at the time they are acquired by the owner or at the time the owner is granted 
a brand under this article ; but all such livestock, if branded by the owner, shall 
be branded within one month after the time they are acquired by the owner or 
the time the owner is granted a brand under this article. 

1952 (47) 2175. 

§ 6-383. Branding of livestock purchased or acquired. 

If any owner who purchases or acquires livestock from another brands the live- 
stock with his own brand, he shall do so in the presence of at least two disinterested 
parties. The disinterested parties shall certify in writing that they witnessed the 
branding of the livestock. The certificate shall also state: (a) where the branding 
occurred, (b) with what brand, if any, the livestock were previously branded and 
(c) with what brand the livestock were branded or rebranded. The certificate shall 
be retained by the owner. It shall be unlawful to brand any livestock purchased or 
acquired from another other than in the manner required by this section. 

1952 (47) 2175. 



§ 6-384 1952 Supplement 10 

§ 6-384. Record certificate. 

Upon receipt of the certificate provided for in § 6-366 from the Secretary of 
State, the owner shall record the certificate with the clerk of court in every county 
where he has livestock. For each recording the clerk of court shall receive a fee 
of one dollar. He shall record the brands in a book for the purpose and the book 
shall be open to inspection by the public. 

1952 (47) 2175. 

§ 6-385. Records. 

The Secretary of State shall keep an accurate record of all brands registered 
under the terms of this article and the names and addresses of the owners of the 
brands, which records shall be open to inspection by the public. 

1952 (47) 2175. 

§ 6-386. When branding unlawful. 

It is unlawful for any person to brand, or to cause to be branded, any livestock : 

(1) with any brand unless it has been registered with and certified by the 
Secretary of State as his brand and has been recorded with the clerk of court in 
each county where he has livestock, 

(2) with any brand which is registered, certified and recorded as the brand of 
another or 

(3) with any brand which has been abandoned or the registration of which has 
been cancelled unless the brand has thereafter been granted to him. 

1952 (47) 2175. 

§ 6-387. Rules and regulations. 

The Secretary of State may promulgate rules and regulations which, in his 
judgment, may be necessary or proper to supplement or clarify the provisions of 
this article. The violation of any rule or regulation made and promulgated here- 
under shall constitute a violation of this article. 

1952 (47) 2175. 

§ 6-388. Penalties. 

Any person convicted of a violation of this article shall be punished by a fine 
of not less than fifty dollars nor more than five hundred dollars or by imprison- 
ment for not less than thirty days nor more than one year or by both such fine 
and imprisonment. 

1952 (47) 2175. 

Title 7. 

Appeals. 

CHAPTER 1. 
General Provisions. 
§ 7-12. Review of intermediate orders affecting judgment. 

Cited. Johnson v. Abney Mills, 219 S. C. 231, 64 S. E. (2d) 641. 

§ 7-16. Definition of real property. 

Cited. McDonald, et al v. Welborn et al, 220 S. C. 10; 66 S. E. (2d) 327, (1951). 



11 Code of Laws of South Carolina, 1952 § 8-57 

CHAPTER 4. 

Appeals to Circuit Courts in Other Cases. 

Article 1. 

Generally. 

§ 7-316. Motions for new trial in appellate court; other procedural rules. 

Stated. Town of North Augusta v. Fen- nell, 221 S. C. 112; 69 S. E. (2d) 121, (19S2). 
§ 7-317. Judgment on appeal. 

Cited. Town of North Augusta v. Fen- (1952). 
nell, 221 S. C. 112; 69 S. E. (2d) 121. 

CHAPTER 5. 
Appeals to Supreme Court. 
§ 7-422. When notice of appeal stays proceedings helow. 

An appeal from refusal of pre-trial ex- Corp., 221 S. C. 160; 69 S. E. (2d) 594, (1952). 
animation of witness held not to stay all Applied. Crotts v. Fletcher Motor Co. 

further proceedings. Johnson v. Brandon et al, 219 S. C. 204; 64 S. E. (2d) (1951). 

Title 8. 

Banking, Commercial Paper and Finance. 

Chapter 3. Banks and Banking, § S-237. 

5. Banks Doing a Safe Deposit or Trust Company Business, § 8-571. 

5.1. Safety Deposit Boxes, § 8-591. 

7. Credit Unions §8-701. 

CHAPTER 1. 
Money and Interest 
§ 8-3. Maxium interest rates; exceptions. 

Court of equity is not bound by the gen- Interest at the rate of seven per cent per 

eral rule of law which denies the recovery annum prior to July 1, 1934, allowed. An- 

of interest on open or unliquidated accounts derson et al v. Purvis, 220 S. C. 259; 67 

or demands. Anderson, et al v. Purvis, 220 S. E. (2d) 80, (1951). 
S. C. 259; 67 S. E. (2d) 80, (1951). 

CHAPTER 2. 
State Board of Bank Control. 
§ 8-52. Appointment of members. 

Constitutional. Floyd, et al v. Thornton, when there is pending in State Supreme 

et al, 220 S. C. 414; 68 S. E. (2d) 384, Court a suit involving its validity. Floyd v. 

(1951). Gage, 192 F. 2d 137 (1951). 

Federal Court should not entertain a suit Does not violate anti-trust laws. Floyd 

for declaring this statute unconstitutional v. Gage, 192 F. 2d 137 (1951). 

§ 8-57. Approval of charters of banks and buildings and loan associations; 
branch banks. 

Constitutional. Floyd, et al v. Thornton, (1951). 
et al, 220 S. C. 414; 68 S. E. (2d) 384, 



§ 8-237 1952 Supplement 12 

CHAPTER 3. 
Banks and Banking. 

Article 9. 
Loans and Investments. 

§ 8-237. Investment in farm loan bonds ; accountability for interest thereon. 

Any savings bank, banking institution or trust company organized under the 
laws of this State may invest in or lend money on the security of Federal farm 
loan bonds issued by the Federal land banks pursuant to the Federal Farm Loan 
Act as amended, bonds issued by the Federal Farm Mortgage Corporation pur- 
suant to the provisions of an act of Congress known as the 'Federal Farm Mort- 
gage Corporation Act,' Federal intermediate credit bank debentures issued pur- 
suant to the Federal Farm Loan Act as amended, and debentures issued by Central 
Bank for Cooperatives organized under the Farm Credit Act of 1933. 

No such savings bank, banking institution or trust company shall account for 
a greater rate of interest than the amount actually received on such investment. 

1952 (47) 1893. 

CHAPTER 5. 
Banks Doing a Safe Deposit or Trust Company Business. 

Article 1. 
Banks Doing a Saje Deposit Business. 

§ 8-571. Bank a warehouseman in certain cases. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 

§ 8-572. Notice to lessee of box that it will be opened for nonpayment. 

Repealed by 1952 A. & J. R. (47 St. at L.1 pp. 1932 to 1935. 

§ 8-573. Disposition of contents. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 

§ 8-574. Certificate of notary. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 

§ 8-575. Subsequent right of lessee to contents. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 

§ 8-576. Sale of contents after two years. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 

§ 8-577. Disposition of proceeds of sale. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 

§ 8-578. When contents consist of private documents. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 

§ 8-579. Provisions of article cumulative. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 

§ 8-580. Remedies of banks doing safe deposit business. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935. 



13 Code of Laws of South Carolina, 1952 § 8-595 

CHAPTER 5.1. 
Safety Deposit Boxes. 
§ 8-591. Definitions. 

"Lessee" means a person contracting with a lessor for the use of a safe deposit 
box. 

"Lessor" means a bank, cash depository, or trust company renting safe deposit 
facilities authorized by law to operate in the state. 

"Safe deposit box" means a safe deposit box, vault, or other safe deposit re- 
ceptacle maintained by a lessor and the rules relating thereto apply to property or 
documents kept in safe keeping in the bank's vault. 

1952 (47) 1932. 

§ 8-592. Institutions lease safety deposit boxes and accept property for safe- 
keeping. 

Subject to the provisions hereof any bank, cash depository, or trust company 
may maintain and lease safe deposit boxes and may accept property or documents 
for safekeeping. 

1952 (47) 1932. 

§ 8-593. Bank lease box to minor. 

A bank may lease a safe deposit box to and in connection therewith deal with a 
minor with the same effect as if leasing to and dealing with a person of full legal 
capacity. 

1952 (47) 1932. 

§ 8-594. Access to box of fiduciary. 

Where a safe deposit box is made available by a lessor to one or more persons 
acting as fiduciaries, the lessor may, except as otherwise expressly provided in the 
lease or the writings pursuant to which such fiduciaries are acting, allow access 
thereto as follows : 

( 1 ) By any one or more of the persons acting as executors or administrators. 

(2) By any one or more of the persons otherwise acting as fiduciaries when 
authorized in writing signed by all other persons so acting. 

(3) By any agent authorized in writing signed by all of the persons acting as 
fiduciaries. 

1952 (47) 1932. 

§ 8-595. Refusal of access to property by lessor. 

An adverse claim to the contents of a safe deposit box, or to property held in 
safekeeping, is not sufficient to require the lessor to deny access to its lessee unless : 

(1) The lessor is directed to do so by a court order issued by a court of compe- 
tent jurisdiction or 

(2) The safe deposit box is leased or the property is held in the name of a lessee 
with the addition of words indicating that the contents or property are held in a 
fiduciary capacity, and the adverse claim is supported by a written statement of 
facts disclosing that it is made by or on behalf of a beneficiary and that there is 
reason to know that the fiduciary will misappropriate the trust property. 

A claim is also an adverse claim where one of several lessees claims, contrary to 
the terms of the lease, an exclusive right of access, or where one or more persons 
claim a right of access as agents or officers of a lessee to the exclusion of others as 



§ 8-595 1952 Supplement 14 

agents or officers, or where it is claimed that a lessee is the same person as one 
using another name. 
1952 (47) 1932. 

§ 8-596. Removal of property of a decedent. 

A lessor shall permit the person named in a court order for the purpose, or if 
no order has been served upon the lessor, the spouse, a parent, an adult descendant 
or a person named as an executor in a copy of a purported will produced by him, 
to open and examine the contents of a safe deposit box leased by a decedent, or 
any documents delivered by a decedent for safekeeping, in the presence of an officer, 
manager, or assistant manager of the lessor ; and the lessor, if so requested by such 
person, must deliver : 

( 1 ) Any writing purporting to be a will of the decedent to the executor if one 
be therein named otherwise to the court having jurisdiction of the decedent's estate. 

(2) Any writing purporting to be a deed to a burial plot or to give burial in- 
structions to the person making the request for a search ; and 

(3) Any document purporting to be an insurance policy on the life of the de- 
cedent to the beneficiary named therein. 

No other contents shall be removed, pursuant to this section until an executor 
or administrator qualifies and makes claim to the contents. 

The removal of any contents of any safe deposit boxes or deposits for safekeeping 
other than such as hereinabove permitted shall remain subject to §§ 65-503 to 
65-505. 

1952 (47) 1932. 

§ 8-597. Notice to lessee of box that it will be opened for nonpayment of 
rent; disposition of contents. 

If the rental due on a safe deposit box has not been paid for one year, the lessor 
may send a notice by registered mail to the last known address of the lessee stating 
that the safe deposit box will be opened and its contents stored at the expense of the 
lessee unless payment of the rental is made within thirty days. If the rental is not 
paid within thirty days from the mailing of the notice, the box may be opened in 
the presence of an officer, manager or assistant manager of the lessor and of a 
notary public who is not a director, officer, employee or stockholder of the lessor. 
The contents shall be sealed in a package by the notary public who shall write on 
the outside the name of the lessee and the date of the opening. The notary public 
shall execute a certificate reciting the name of the lessee, the date of the opening 
of the box and a list of its contents. The certificate shall be included in the package 
and a copy of the certificate shall be sent by registered mail to the last known ad- 
dress of the lessee. The package shall then be placed in the general vaults of the 
lessor at a rental not exceeding the rental previously charged for the box. 
1952 (47) 1932. 

§ 8-598. Sale of contents; private papers. 

If the contents of the safe deposit box have not been claimed within two years 
of the mailing of the certificate, the lessor may send a further notice to the last 
known address of the lessee stating that, unless the accumulated charges are paid 
within thirty days, the contents of the box will be sold at public auction at a speci- 
fied time and place, or, in the case of securities listed on a stock exchange, will be 



15 Code of Laws of South Carolina, 1952 § 8-702 

sold upon the exchange on or after a specified date and that unsalable items will 
be destroyed. The time, place and manner of sale shall also be posted conspicuously 
on the premises of the lessor and advertised once seven days prior to the sale in 
a newspaper of general circulation in the community. If the articles are not claimed, 
and the accrued rent and disbursements of lessor paid, they may then be sold in 
accordance with the notice. 

Any documents or writings of a private nature, and having little or no apparent 
value need not be offered for sale, but shall be retained, unless claimed by the 
owner, for a period of two years, after which they may be destroyed. 

1952 (47) 1932. 

§ 8-599. Disposition of sale receipts. 

The balance of the proceeds, after deducting accumulated charges, including the 
expense of advertising and conducting the sale, shall be deposited to the credit of 
the lessee in any account maintained by him, or if none, shall be deemed a deposit 
account with the bank, cash depository, or trust company operating the safe deposit 
facility, and shall be identified on the books of the bank as arising from the sale of 
contents of a safe deposit box. 

1952 (47) 1932. 

§ 8-600. Use of words "safe deposit" or "safety deposit". 

It is a criminal offense against this chapter were any person to use the words 
"safe deposit", "safety deposit" or other words deceptively similar thereto, in con- 
nection with the rental of storage space or in the title or name under which business 
was done, except (a) a person subject to the jurisdiction of the Banking Depart- 
ment of this State, (b) a manufacturer or dealer in safe deposit facilities or equip- 
ment or (c) an association, the membership of which is composed of officers or 
institutions subject to the jurisdiction of the Banking Department of this or other 
states or of the United States. 

1952 (47) 1932. 

CHAPTER 7. 

Credit Unions. 

§ 8-701. "Cooperative credit union" defined. 

In this chapter the words "cooperative credit union" shall mean a cooperative 
association formed for the purpose of promoting thrift among its members and to 
enable them when in need, to obtain for productive and provident purposes mod- 
erate loans of money for short periods and at reasonable rates of interest. 

1952 (47) 1950. 

§ 8-702. Commissioner of Labor supervise. 

Every cooperative credit union organized under the provisions of this chapter 
shall be subject to the supervision of the Commissioner of Labor. The Commis- 
sioner shall require such, cooperative credit unions to keep such books as he may 
deem necessary for the proper conduct of their business; he shall make examina- 
tion and demand sworn report by the officers of the transaction of such cooperative 
credit union's business and may institute necessary proceedings for the prosecution 
of any officer or director misapplying the cooperative credit union's funds. The 
Commissioner may make reasonable rules and regulations for cooperative credit 
unions chartered by this State including the establishment of reasonable examina- 



§ 8-702 1952 Supplement 16 

tion fees. The Commissioner may accept a report from a certified public accountant 
as to the financial affairs of cooperative credit unions in lieu of an examination by 
his representative or representatives. 
1952 (47) 1950. 

§ 8-703. Incorporation. 

Ten or more citizens of this state, all employees of the same employer, who have 
associated themselves by an agreement in writing for the purpose of forming a 
cooperative credit union under the provisions of this chapter may apply to the 
Commissioner of Labor for a certificate certifying that he is satisfied that the pro- 
posed field of operation is favorable to the success of such cooperative credit union, 
and that the standing of the proposed members is such as to give reasonable 
assurance that its affairs will be administered in accordance with the spirit of this 
chapter, and upon the Commissioner being so satisfied he shall issue such certifi- 
cate. Upon the filing of such certificate in the office of the Secretary of State and 
the payment to him of a charter fee of three dollars, the Secretary of State shall 
thereupon issue to such cooperative credit union a certificate of incorporation. 

1952 (47) 1950. 

§ 8-704. Activities engage in. 

A cooperative credit union may receive the savings of its members in payment 
for shares or on deposit, may lend to its members at reasonable rates of interest, 
not to exceed one per cent per month on unpaid loan balances, or may invest, as 
hereinafter provided, the funds so accumulated, and make loans of same to its 
members, may borrow from banks, savings banks, trust companies, or other credit 
unions, or persons, and loan such money to its members, and may undertake such 
other activities relating to the purposes of the association as its bylaws may 
authorize. 

1952 (47) 1950. 

§ 8-705. Bylaws. 

The bylaws of each cooperative credit union shall prescribe: 

( 1 ) The name of the credit union. 

(2) The purposes for which it is formed. 

(3) The conditions of residence or occupation which qualify persons for mem- 
bership. 

(4) The par value of shares of capital stock. 

(5) The condition on which shares may be paid in, transferred, and withdrawn. 

(6) The system for encouraging members to increase their holdings of shares. 

(7) The conditions on which deposits may be received and withdrawn. 

(8) The method of receipting for money paid on account of shares or deposits. 

(9) The number of directors and their term of office and the number of mem- 
bers of the credit committee and their term of office. 

(10) The duties of the several officers. 

(11) The fines, if any, which shall be charged for failure to meet obligations to 
the corporation punctually. 

(12) The date of the annual meeting of members. 

(13) The manner in which the members shall be notified of the meetings. 

(14) The number of members which shall constitute a quorum at meetings. 



17 Code of Laws of South Carolina, 1952 § 8-711 

(15) Such other regulations as may seem necessary. 
1952 (47) 1950. 

§ 8-706. Fiscal year. 

The fiscal year of every such cooperative credit union shall end at the close of 
business on December thirty-first. 
1952 (47) 1950. 

§ 8-707. Reports. 

Within thirty-one days after the last business day of December in each year, 
every cooperative credit union shall make a report to the Commissioner of Labor, 
in such form as the Commissioner may prescribe, signed by its president and its 
treasurer and by a majority of its supervision committee, which report shall certify 
and make oath that it is correct according to the best knowledge and belief of the 
president, the treasurer and the supervision committee of the cooperative credit 
union. Every cooperative credit union shall pay a filing fee of ten dollars at the 
time of filing the annual report provided by this section. Any cooperative credit 
union which neglects to make the annual report within the time prescribed shall 
forfeit to this State five dollars for eacli day during which such neglect continues 
unless the Commissioner for good and valid reasons has granted the cooperative 
credit union a reasonable extension of time. 

1952 (47) 1950. 

§ 8-708. Capital stock. 

The capital stock of the credit union shall be unlimited in ameunt ; shares of 
capital stock may be subscribed for and paid in such manner as the bylaws shall 
prescribe, but no certificate of shares shall be issued until the shares have been 
fully paid up. The par value of each share of the capital stock shall be five dollars. 

1952 (47) 1950. 

§ 8-709. Shares and deposits of minors and trustees. 

Shares may be issued and deposits received in the name of a minor and such 
shares and deposits may, in the discretion of the board of directors, be withdrawn 
by such minor or by his parent or guardian, and in either case payments made on 
such withdrawals shall be valid. If shares are held or deposits made in the trust, 
the name and residence of the beneficiary shall be disclosed and the account shall 
be kept in the name of such holder as trustee for such minor. If no other notice 
of the existence and the terms of such trust has been given in writing to the credit 
union, such shares or deposits may, upon the death of the trustee, be withdrawn by 
the person for whom the amount of such shares was paid in or for whom such 
deposit was made, or by his legal representative. 

1952 (47) 1950. 

§ 8-710. Membership entrance fee ; stock acquistion. 

As an initial payment for the privilege of membership, each member shall pay an 
entrance fee of at least one dollar, besides subscribing for not less than one share 
of capital stock. 

1952 (47) 1950. 

§ 8-711. Directors; credit committee; supervision committee. 

At the annual meeting the members shall elect from their members a board of 
directors of not less than five members, a credit committee of not less than three 



§ 8-711 1952 Supplement IS 

members, a supervision committee of three members. The method of election and 
length of term of the members of the board of directors, credit committee and 
supervision committee shall be as specified in the bylaws. No member of the board 
of directors shall be a member of the credit committee, or of the supervision com- 
mittee, nor shall one person be a member of more than one of the committees. 
1952 (47) 1950. 

§ 8-712. Executive officers. 

At its first meeting the board of directors shall elect from their number a presi- 
dent, vice-president, a clerk and a treasurer, who shall be the executive officers of 
the corporation. 

1952 (47) 1950. 

§ 8-713. Oath and term of officers and committeemen. 

All directors and all members of the committees, as well as all officers whom they 
may elect, shall be sworn, and shall hold their several offices until others are elected 
and qualified in their stead, and a record of every such qualification shall be filed 
and preserved with the records of the credit union. 

1952 (47) 1950. 

§ 8-714. Pay of officers and committeemen. 

No officer, director, or credit committee member shall receive any compensation, 
directly or indirectly, for the services he performs for the credit union as such 
officer, director, or credit committee member, except the treasurer who may be 
compensated for his services in the amount and in the way and manner provided 
for by the board of directors. 

1952 (47) 1950. 

§ 8-715. Powers of directors. 

The board of directors shall have the general management of affairs, the funds, 
and the records the credit union, and shall meet as often as may be necessary. It 
shall be the special duty of the board of directors : 

( 1 ) To act vipon all applications for membership. 

(2) To act upon the expulsion of members. 

(3) To fix the amount of surety bond which shall be required of each officer 
having custody of funds. 

(4) To determine the rate of interest which shall be allowed on deposits. 

(5) To determine the rate of interest which shall be charged on loans. 

(6) To fill vacancies in the board of directors, or in the credit committee of the 
credit union until the election and the qualification of members to fill the vacancies. 

(7) To make recommendations to meetings of the members relative to the 
amount of entrance fee ; the maximum number of shares which may be held by, 
and the maximum amount which may be lent to, any one member ; the dividend to 
be declared ; amendments to the bylaws, and any other matters which, in their 
opinion, the members should decide. 

(8) To approve applications for loans to members of the credit committee. 
1952 (47) 1950. 



19 Code of Laws of South Carolina, 1952 § 8-719 

§ 8-716. Powers of supervision committee; suspension of credit committee 
or officers. 

The supervision committee shall inspect the securities, the cash, and the accounts 
of the credit union, and supervise the acts of its board of directors, credit committee, 
and officers. At any time the supervision committee by unanimous vote may sus- 
pend the credit committee or any officer elected by the board of directors, and by 
a majority vote may call a meeting of the shareholders to consider any violation 
of this chapter or of the bylaws or any practice of the credit union which, in the 
opinion of the supervision committee, is unsafe and unauthorized. Within seven 
days after suspension of the credit committee the supervision committee shall cause 
notice to be given of a special meeting to take such action relative to such suspension 
as may seem necessary. The supervision committee shall fill vacancies in their own 
number until the next annual meeting. 

1952 (47) 1950. 

§ 8-717. Meetings ; decisions of credit committee and board of directors. 

The annual meeting of the credit union shall be held at such time and place as 
bylaws prescribe. Special meetings may be held by order of the directors or the 
supervision committee, and the clerk shall give notice of special meetings upon 
request, in writing, of ten members. Notice of all meetings of the credit union shall 
be given in the manner prescribed by the bylaws. No person shall be entitled to 
vote who has not been a member for more than three months, but this restriction 
shall not apply during the first twelve months of existence of the credit union, nor 
shall any member vote by proxy or have more than one vote. At the annual meet- 
ing the members shall, upon recommendation of the board of directors, declare 
dividends and fix the amount of the entrance fee. At any meeting the members may 
decide upon any question of interest to the credit union, and upon appeal of two 
members may reverse decisions of the credit committee or board of directors, and 
by a three-fourths vote of those present, provided the notice of the meeting shall 
have specified the question to be considered, may amend the bylaws. 

1952 (47) 1950. 

§ 8-718. Approval of loans. 

The credit committee shall approve every loan or advance made by the credit 
union. Every application for a loan shall be made in writing and shall state the 
purpose for which the loan is desired and the security offered. No loan shall be 
made unless the credit committee is satisfied that it promises to benefit the bor- 
rower, nor unless it has the unanimous approval of those members of the committee 
who were present when it was considered, nor if any member of the committee 
shall disapprove thereof ; but the applicant for a loan may appeal from the decision 
of the credit committee to the board of directors. Loans to members of the credit 
committee shall be approved by the board of directors. 

1952 (47) 1950. 

§ 8-719. Payment of loans. 

A borrower may repay the whole or any part of his loan on any day on which 
the office of the credit union is open for the transaction of business. For the failure 



§ 8-719 1952 Supplement 20 

to pay the interest or any installment required by the terms of the loan, the bor- 
rower may be fined if the bylaws so prescribe 
1952 (47) 1950. 

§ 8-720. Declaration and payment of dividends. 

At the annual meeting upon recommendation of the board of directors a divi- 
dend may be declared from undivided surplus remaining after the deduction of all 
expenses, losses, interest on deposits, and amount required to be set apart as a 
guaranty fund. Such dividend shall be paid on all fully-paid shares outstanding at 
the close of the fiscal year, but shares which become fully paid during the year 
shall be entitled only to a proportional part of the dividend, calculated from the 
first day of the month following such payment in full. Dividends due to a member 
shall be paid to him in cash or credited to the account of partly-paid shares for 
which he has subscribed. 

1952 (47) 1950. 

§ 8-721. Supervision committee report prior to considering dividend payment. 

Immediately before a meeting of the board of directors called to recommend the 
declaration of a dividend, the supervision committee shall make a thorough audit 
of the repairs, the disbursements, the income, the assets, and the liabilities of the 
credit union for the fiscal year, and shall make a full report thereon to the directors. 
The report shall be read at the annual meeting and shall be filed and preserved with 
the records of the credit union. 

1952 (47) 1950. 

§ 8-722. Guaranty fund. 

Immediately before the payment of each dividend there shall be set apart as a 
guaranty fund twenty per cent of the net income which has accumulated during 
the fiscal year. Such fund and the investments shall belong to the credit union and 
shall be held to meet contingencies or losses in its business. All entrance fees shall 
be added at once to the guaranty fund. Upon recommendation of the board of 
directors the members at an annual meeting may increase, and, whenever the fund 
equals ten per cent of the amount of capital stock actually paid in, may decrease the 
proportion of profits which is required by this section to be set apart as a guaranty 
fund. 

1952 (47) 1950. 

§ 8-723. Investments. 

The capital, the deposits, and the surplus funds of the credit union shall be 
either lent to the members for such purposes, and upon such security and terms 
as the credit committee shall approve, or be deposited to the credit of the credit 
union in savings banks, or in trust companies, or in state hanks incorporated under 
the laws of this State, or in national banks, or in other credit unions, or invested in 
any investment which is legal for savings banks in this State. 

1952 (47) 1950. 

§ 8-724. Expulsion of members. 

The board of directors may expel from the credit union any member who (a) 
has not carried out his engagements with the credit union, (b) has been convicted 
of a criminal offense, (c) neglects or refuses to comply with the provisions of this 
chapter or the bylaws of the credit union, (d) habitually neglects to pay his debts, 



21 Code of Laws of South Carolina, 1952 § 8-818 

(e) shall become insolvent or bankrupt, or (f) shall have deceived the credit union 
with regard to his property, resources, credit or use of borrowed money, or whose 
private life is a source of scandal. But no member shall be so expelled until he has 
been informed in writing of the charges against him and until an opportunity has 
been given him, after reasonable notice, to be heard thereon. 
1952 (47) 1950. 

§ 8-725. Settlement with member withdrawing or expelled. 

The amounts paid in on shares or deposited by members who have withdrawn 
or who have been expelled shall be paid to them, less all accrued interest and other 
gains or profits, but in order of withdrawal or explusion and only as funds therefor 
become available, and after deducting any amounts due by the members to the 
credit union, but such expulsion shall not operate to relieve a member from any 
remaining liability to the credit union. 

1952 (47) 1950. 

§ 8-726. Dissolution. 

At any meeting specially called to consider the subject, the members, upon the 
unanimous recommendation of the board of directors, may vote to dissolve the 
credit union, provided at least two-thirds of the members are present at such 
meetings and provided not more than ten members, either in person or by written 
notice, object thereto. A committee of three membrs shall thereupon be elected to 
liquidate the assets of the credit union, and each share of the capital stock, accord- 
ing to the amount paid in thereon, shall be entitled to its proportion of the proceeds 
after all deposits and debts of the credit union have been paid. 

1952 (47) 1950. 

§ 8-727. Use of words "cooperative credit union" restricted. 

No person, partnership, association or corporation, except corporations formed 
under the provisions of this chapter, shall hereafter transact business under any 
name or title which contains the three words "cooperative credit union", or any 
combination of two or more of these words, cooperative credit union, except those 
expressly authorized herein to be formed, or any association or corporation com- 
posed of cooperative credit unions formed under the provisions of this chapter or 
under the Federal Credit Union Act ; and any person, partnership, association or 
corporation which violates the provisions of this section may be enjoined from 
doing business under such name or title at the instance of any stockholder of any 
cooperative credit union legally organized under this chapter. 

1952 (47) 1950. 

CHAPTER 8. 

The Negotiable Instruments Law. 

Article 2. 

Form of Negotiable Instruments. 

§ 8-811. Form of negotiable instruments. 

Applied. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950). 

§ 8-818. When payable on demand. 

A check with no time for payment is a Rollins, 217 S. C. 464; 61 S. E. (2d) 41, 
demand instrument. Bank of Fort Mill v. (1950). 



§ 8-855 1952 Supplement 22 

Article 4. 
Negotiation. 
§ 8-855. Special endorsement ; endorsement in blank. 

Endorsement of check in blank makes by delivery. Bank of Fort Mill v. Rollins, 
check payable to bearer and is negotiated 217 S. C. 464; 61 S. E. (2d) 41, (1950). 

Article 5. 
Rights of the Holder. 

§ 8-882. Who is holder in due course. 

Applied. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950). 

§ 8-883. Where person not deemed holder in due course. 

Stated. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950). 

§ 8-886. What constitutes notice of infirmity. 

Stated. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950). 

§ 8-887. Riights of holder in due course. 

Applied. Bank of Fort Mill v. Rollins, Stop payment of check held no defense 

217 S. C. 464; 61 S. E. (2d) 41, (1950). to maker "in. Id. 

Article 6. 
Liability of Parties. 
§ 8-891. Contract of maker. 

Applied. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950). 

Article 10. 
Form and Interpretation of Bills of Exchange. 
§ 8-981. Definition of bill of exchange. 

Check is a negotiable instrument. Bank S. E. (2d) 41, (1950). 
of Fort Mill v. Rollins, 217 S. C. 464; 61 

Article 17. 

Promissory Notes and Checks. 

§ 8-1072. Definition of check. 

Check is a negotiable instrument. Bank S. E. (2d) 41, (1950). 
of Fort Mill v. Rollins, 217 S. C. 464; 61 

Title 10. 
Civil Remedies and Procedures. 

Chap. 2. Limitation of Civil Actions, § 10-145. 
3. Parties, § 10-231. 

5. Summonses, Orders of Publication and Service of Papers Generally, 
§ 10-436. 

CHAPTER 1. 
General Provisions. 

§ 10-3. Definition of real property. 

Cited. McDonald, et al v. Welborn, et al, 220 S. C. 10; 66 S. E. (2d) 327, (1951). 



23 Code of Laws of South Carolina, 1952 § 10-219 

CHAPTER 2. 
Limitation ok Civil Actions. 

Article 3. 

Actions Oilier than for Recovery of Realty. 

§ 10-143. Six years. 

Services rendered deceased. McConnell v. 673, (1950). 
Crocker et al. 217 S. C. 334; 60 S. E. (2d) 

§ 10-145. Two years. 

****** 

(3) An action at law by a motor carrier subject to chapter 13 of title 58 for the 
recovery of its charges or any part thereof. Such an action for the purpose of this 
subdivision shall be deemed to accrue upon delivery or tender of delivery by the 
carrier. 

(4) An action at law for the recovery of overcharges against a motor carrier 
subject to chapter 13 of title 58. Such an action shall for the purpose of this sub- 
division be deemed to accrue at the time the charges are paid to the motor carrier. 
If a claim for the overcharge has been presented in writing to the carrier within 
the two-year period of limitation, the period shall be extended to include six months 
from the time notice in writing was given by the carrier to the claimant of dis- 
allowance of the claim or any part or parts thereof. The term "overcharges" as used 
in this subdivision shall be deemed to mean charges for transportation services in 
excess of those applicable thereto under the tariffs lawfully on file with The Public 
Service Commission. 

1952 (47) 2170. 

CHAPTER 3. 

Parties. 

Article 2. 
Guardian ad Litem, § 10-231. 

Article 1. 
General Provisions. 

§ 10-203. Who may be defendants. 

Grantees necessary parties in continuing (1950). 
damage to land action by grantor. Shon- Cited. Crotts v. Fletcher Motor Co. et al, 

nard v. South Carolina Public Service Au- 219 S. C. 204; 64 S. E. (2d) 540, (1951). 
thority, 217 S. C. 458; 60 S. E. (2d) 894, 

§ 10-204. When party united in interest. 

Cited. Crotts v. Fletcher Motor Co. et al. 219 S. C. 204, 64 S. E. (2d) 540, (1951). 

§ 10-209. Survival of right of action. 

Wife living in adultery with another man under wrongful death statute. Folk v. 
during decedent's lifetime not "widow" United States, 102 F. Supp. 736 (1952). 

§ 10-219. New parties; interpleader. 

Grantees necessary parties in continuing thority, 217 S. C. 458; 60 S. E. (2d) 894, 
damage to land action by grantor. Shon- (1950). 
nard v. South Carolina Public Service Au- 



§ 10-231 1952 Supplement 24 

Article 2. 
Guardian ad Litem. 

§ 10-231. Actions by and against infants and incompetents. 

When an infant, or mentally incompetent person, whether hospitalized or not, 
is a party he must appear by guardian ad litem who in the case of an infant may be 
appointed by the court in which the action is prosecuted, a judge of probate, a clerk 
of court or a master in those counties where the office of master exists. When an 
infant, or such an incompetent person is a party in a proceeding before the Indus- 
trial Commission a guardian ad litem for such infant or incompetent person may 
be appointed by a judge of probate, clerk of court or master, if there be a master, 
of the county wherein such infant or incompetent person resides or by any circuit 
court judge in this State. 

1952 (47) 2042. 

§ 10-236. How guardian ad litem for mentally incompetent person appointed. 

When the incompetent person is a plaintiff, the guardian ad litem shall be ap- 
pointed upon application made by his committee or by a relative or friend and, if 
by a relative or friend, notice thereof must first be given to his committee or, if 
he has no committee, to the person with whom he resides. When the incompetent 
person is a defendant, the guardian ad litem shall be appointed upon application 
made by his committee if the committee applies within twenty days after the serv- 
ice of summons or, if his committee neglects or fails to apply within that time or 
if he has no committee, by a relative or friend, or any other party to the action. If 
application is made by a relative or friend or other party to the action, notice thereof 
must first be given to the committee or, if there is no committee, to the person 
with whom the incompetent person resides. The application shall be made to, and 
the appointment made by. (1) the court in which the action is prosecuted, or (2) a 
judge, or the clerk or the master thereof or (3) the probate judge of the county 
in which the incompetent person resides or of the county in which the action is 
prosecuted, who shall thereupon appoint an attorney or other competent person 
to act as guardian ad litem for such incompetent person. If the incompetent person 
resides out of the State, or is temporarily absent therefrom, a guardian ad litem 
mav be appointed bv an order nisi in accordance with the practice relating to in- 
fants as set forth in § 10-235. 

1952 (47) 2042. 

§ 10-238. Compensation for guardian ad litem of mentally incompetent or 
imprisoned person. 

The guardian ad litem of a mentally incompetent or imprisoned person ap- 
pointed under the provisions of either of § 10-236 or § 10-237 shall receive out of 
the property of such mentally incompetent or imprisoned person a reasonable com- 
pensation for such service rendered in his behalf. 
1952 (47) 2042. 

CHAPTER 4. 
Venue. 

§ 10-303. Actions to be tried in county where defendant resides. 

Venue for divorce action— see § 20-106. (2d) 307, (1950). 
Thomas v. Thomas, 218 S. C. 235; 62 S. E. 



25 



Code of Laws of South Carolina, 1952 



8 10-421 



The right of a defendant in a civil action 
to a trial in the county of his residence is 
a substantial right; and when it is sought 
to defeat such right by the joinder of an- 
other defendant, a plaintiff must establish, 
not merely a scintilla of evidence, but by 
at least a balance of the evidence, that he 
has a valid cause of action against such 
joined defendant, and should he fail in this, 



it is the duty of the Court to give the de- 
fendant seeking a change of venue a right 
of trial in the county of his residence. 
Wood v. Lea, 219 S. C. 409; 65 S. E. (2d) 
669, (1951). 

Cited. Webb, Admx. v. Southern Ry. Co., 
et al, 221 S. C. 450; 71 S. E. (2d) 12, (1952). 

Applied. Brown v. Palmetto Baking Co., 
220 S. C. 38; 66 S. E. (2d) 417, (1951). 



§ 10-305. Hearing elsewhere by consent. 

Where an executor, under authority lie against him in the county of the ad- 
granted to him, acts in a transaction in his ministration. Wood v. Lea, 219 S. C. 409; 
official capacity as executor, an action will 65 S. E. (2d) 669, (1951). 

§ 10-307. Suits against insurance companies. 

The trial of an action against an insur- Ins. Co., 221 S. C. 166; 69 S. E. (2d) 565, 
ance company may be in the county where (1952). 
the loss occurred. Padgett v. Calvert Fire 

§ 10-310. Changing place of trial. 

Issues are not joined, necessitating trial, 
until answer or demurrer, so motion to 
change the place of trial cannot locically be 
required in advance of answer or demurrer. 
Brown v. Palmetto Baking Co., 220 S. C. 
38; 66 S. E. (2d) 417, (1951). 

Motion for a change of venue made con- 
currently with the service of answer prop- 
erly entertained. Id. 

Granting of voluntary nonsuit does not 
preclude the defendant in a subsequent suit 
from resorting to the provisions of this 
section. Brown v. Palmetto Baking Co., 
221 S. C. 183; 69 S. E. (2d) 598, (1952). 

To authorize a change of venue on the 
grounds convenience of witnesses and the 
ends of justice, the burden is upon the 
moving party to show that both will be 
promoted by the change. Smith v. Atlantic 
Coast Line R. Co., 218 S. C. 481; 63 S. E. 
(2d) 311, (1951); Reynolds v. Atlantic 
Coast Line R. Co., et al, 217 S. C. 16; 59 
S. E. (2d) 344, (1950); Webb, Adm. v. 
Southern Ry. Co., 221 S. C. 450, 71 S. E. 
(2d) 12, (1952). 

When the moving party makes a prima 
facie showing of the fulfilment of both re- 
quirements, the burden shifts to the op- 
posing party to defeat the showing made 
of at least one of these requirements. Smith 



v. Atlantic Coast Line Ry. Co., 218 S. C. 
481; 63 S. E. (2d) 311; (1951); Reynolds 
v. Atlantic Coast Line R. Co., 217 S. C. 
16; 59 S. E. (2d) (1950). 

Motion for change of venue on the 
ground that the convenience of witnesses 
and the ends of justice would be promoted 
denied. Thompson v. S. C. State Hwy. 
Dept, 221 S. C. 250; 70 S. E. (2d) 241, 
(1952). 

Transfer to county in which personal de- 
fendant resided refused where one of two 
defendants is a corporation and jurisdiction 
of corporate defendant acquired in another 
county. St. Paul Fire & Marine Ins. Co. v. 
Osborne, et al, 217 S. C. 96; 59 S. E. (2d) 
849, (1950). 

Plaintiff may select his forum in the first 
instance under the Federal Employers' Lia- 
bility Act, but this does not limit a state 
court in which an action has been institu- 
ted, in changing the place of trial upon a 
proper showing. Smith v. Atlantic Coast 
Line R. Co., 218 S. C. 481; 68 S. E. (2d) 
311, (1951). 

Applied. Becker v. Uhe, et al, 221 S. C. 
334; 70 S. E. (2d) 346, (1952). 

Stated. Padgett v. Calvert Fire Ins. Co., 
221 S. C. 166; 69 S. E. (2d) 565, (1952). 



CHAPTER 5. 
Summonses, Orders of Publication and Service of Papers Generally. 

Article 2. 
Personal Service in State. 
§ 10-421. How summons served on corporations generally. 



The residence of the agent in the forum 
county is of the essence, if that feature is 
depended upon. Brown v. Palmetto Baking 
Co., 220 S. C. 38; 66 S. E. (2d) 417, (1951). 

Ownership of property in the county is 
not met by ownership of a truck by which 
wares were peddled or delivered from an- 
other county. Id. 



Where domestic corporation, engaged in 
manufacture of lumber, had its principal 
place of business in one county, but pur- 
chased a tract of timber in another county, 
and had this timber cut and shipped to it, 
held, that this constituted transacting busi- 
ness in latter county, giving courts there 
jurisdiction; and this would be true even 



§ 10-421 1952 Supplement 26 

though the timber cutting and shipping Atkinson v. Korn Industries, Inc., 219 S. 
were done by an independent contractor. C. 402; 65 S. E. (2d) 465, (1951). 

§ 10-424. Service on foreign corporations generally. 

A foreign corporation soliciting orders in brought them from it in interestate com- 
this State through a traveling solicitor for merce, such solicitor's visit to the State to 
sales of its seeds in interstate commerce inquire about the complaints was an iso- 
after acceptance of the orders at its home lated event and did not imply the presence 
office; and which sent its solicitor into the of his employer there. Hoffman v. D. Land- 
State to investigate complaints of the reth Seed Co., 220 S. C. 193; 66 S. E. (2d) 
quality of the seed which had been pur- 813, (1951). 
chased at retail from its customer who had 

§ 10-436. Service on persons imprisoned or confined in a State hospital. 

If the suit be against a person imprisoned in this State or a patient in a state 
hospital or in any other similar place in or out of this State the summons shall be 
served by delivering a copy thereof to the defendant personally. Such service shall 
be made by the sheriff of the county in which such person shall be imprisoned or 
confined or by the superintendent of the institution or by assistants duly designated 
by the superintendent. But no person who makes such service, other than the sheriff, 
shall be entitled to any costs therefor. In the event that the superintendent of the 
institution should designate an assistant to make such personal service of process 
the superintendent shall sign a certificate reciting that such assistant has been 
designated by him for the purpose of making service of such process. 

1952 (47) 2042. 

CHAPTER 6. 
Notice of Lis Pendens 
§ 10-501. When filed. 

The doctrine of lis pendens applies to Where plaintiff filed lis pendens in ac- 
an action brought to establish a trust or tion to establish constructive trust and 
an equitable lien on real estate, although equitable lien on real estate, held, that 
at the commencement of the action there plaintiff's claim affects title to real prop- 
is no present vested lien on the property erty and motion for cancellation of lis 
which it seeks to charge. Finley v. Hughes, pendens would be denied. Finley v. Hughes, 
106 F. Supp. 355 (1952). 106 F. Supp. 355 (1952). 

CHAPTER 7. 
Pleadings. 

Article 1. 

General Provisions. 

§ 10-602. Pleadings to be liberally construed. 

This section enjoins liberal construction denominates it. Carolina Life Ins. Co. v. 
of a pleading in favor of the pleader, re- Bank of Greenwood, 217 S. C. 277; 60 S. E. 
gardless of what form of action or plea he (2d) 599, (1950). 

§ 10-606. Irrelevant, redundant and indefinite matter. 

Motion to strike answer does not come (1950). 
too late if made after cause docketed and Motion to strike refused. Baker v. Allen 

two terms of court. Bank of Fort Mill v. et al, 220 S. C. 141, 66 S. E. (2d) 618, 

Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1951). 

§ 10-610. Supplemental complaint, answer and reply. 

Cited. Vernon v. Atlantic Coast Line R. Co., 218 S. C. 402; 63 S. E. (2d) 53, (1951). 



27 Code ok Laws of South Carolina, 1952 § 10-707 

Article 2. 
Complaint or Notice. 

§ 10-632. What complaint to contain. 

In action against State Highway Dept. own negligence or negligently contribute 

under former § S887, 1942 Code, for dam- to it. Jeff Hunt Machinery Co., v. S. C. 

ages, plaintiff must allege and prove that State Hwy. Dept., 219 S. C. 340; 65 S. E. 

it did not bring about the injury by its (2d) 260, (1951). 

Article 3. 
Demurrer or Answer. 

§ 10-642. When the defendant may demur. 

Failure state course of action. Meddin 155; 62 S. E. (2d) 109, (1950). 
et al v. Southern Ry. Car. Div., 218 S. C. Misjoinder of several causes. Id. 

§ 10-643. What demurrer to specify. 

Demurrer to whole complaint may be Herlihy et al, 61 S. E. (2d) 764; 218 S. C. 
overruled if one cause of action therein 90, (1950). 
entitles plaintiff to relief. Wolfe et al v. 

Article 6. 

Amendments and Variances. 

§ 10-691. Amendments of course and after demurrer. 

Right to amend hereunder applies to an 60 S. E. (2d) 57, (1950). 
answer. Mack v. Plowden, 217 S. C. 112; 

§ 10-692. Amendments by the court. 

Sound discretion of the trial court as Mack v. Plowden, 217 S. C. 112; 60 S. E. 
to a motion to amend does not mean an (2d) 57, (1950). 
entirely free hand in discretionary matters. 

§ 10-694. Immaterial variances. 

Amendments to pleading are favored and 53. (1951). 

should be liberally allowed in furtherance Amendments to complaint adding ele- 

of justice except under certain circumstan- ments of damages and increasing demand 

ces. Braudie v. Richland County, 217 S. allowed. Vernon v. Atlantic Coast Line R. 

C. 57; 59 S. E. (2d) 548, (1950). Co., 218 S. C. 402; 63 S. E. (2d) 53, (1951). 

Allowance of amendments to pleadings Grantees necessary parties in continuing 

is addressed to sound discretion of circuit damage to land action by grantor. Shon- 

judge, and his action is not subject to re- nard v. South Carolina Public Service Au- 

view by Supreme Court, unless legal error thority, 217 S. C. 458; 60 S. E. (2d) 894, 

is clearly shown. Vernon v. Atlantic Coast (1950). 
Line R. Co., 218 S. C. 402; 63 S. E. (2d) 

CHAPTER 8. 
Joinder of Causes; Counterclaim and Set-off; Cross Claims. 

§ 10-701. What causes of action may be joined. 

Cited. Ayers v. Guess, 217 S. C. 233; 60 may be enforced by action at law for pos- 
S. E. (2d) 315, (1950). session of personalty and one in equity for 

Mortgage on personalty and real estate foreclosure on real estate. Id. 

§ 10-702. Joinder of principal and surety. 

An injured party defendant may bring insured as required by law. Brown v. 

into the action as new parties the automo- Quinn, 220 S. C. 426; 68 S. E. (2d) 326, 

bile by which he allegedly was injured, and (1951). 

the carrier of insurance on such automo- Applied. Brown v. Quinn, 220 S. C. 426; 

bile, which was operated as a taxicab, and 68 S. E. (2d) 326, (1951). 

§ 10-707. Cross actions between codefendants. 

Applied. Brown v. Quinn, 220 S. C. 426; 68 S. E. (2d) 326, (1951). 



§ 10-901 1952 Supplement 28 

CHAPTER 10. 
Attachment. 

Article 1. 
Issue of Attachments. 

§ 10-901. Grounds for attachment generally. 

Cited. Plowden v. Mack, 217 S. C. 226; 60 S. E. (2d) 311, (1950). 

§ 10-905. Affidavit required. 

An unadjusted claim for loss under a pany. Charles R. Allen, Inc. v. R. I. Ins. 
policy of insurance is subject to attach- Co., et al, 217 S. C. 296; 60 S. E. (2d) 
ment in the hands of the insurance com- 609, (1950). 

CHAPTER 12. 
Issues and Modes of Trial. 
§ 10-1056. How issues of law and fact tried. 

Action to recover specific real property (2d) 841, (1950). 
triable by jury unless waived. Morris et al Cited. Center, et al v. Vaughan, et al, 

v. Lambert et al, 218 S. C. 384; 62 S. E. 217 S. C. 31; 59 S. E. (2d) 491, (1950). 

CHAPTER 14. 
Trial and Certain Incidents Thereof. 

Article 1. 
General Provisions. 
§ 10-1202. Bringing issue to trial; separate trials. 

Refusal of voluntary nonsuit or discon- Nonsuit generally. Mullinax v. Great At- 

tinuance after issue joined. Romanus v. lantic & Pacific Tea Co. 221 S. C. 433, 70 

Biggs et al, 217 S. C. 77; 59 S. E. (2d) S. E. 2d 911 (1952). 
645, (195?). 

§ 10-1213. Relief from mistake, etc. ; amendments. 

Cited. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952). 

§ 10-1215. New trials. 

Discretionary power of trial judge to resubmission by consent. Fallon v. Rucks 
grant a new trial on factual grounds does et al, 217 S. C. 180; 60 S. E. (2d) 88, 
not include objection to the verdict's form (1950). 
before it was amended by the jury upon 

Article 2. 
Motions and Orders. 
§ 10-1223. How and when motions nade. 

Motion for new trial after adjournment case. State v. Williams, 221 S. C. 107; 69 
of term of court held too late in criminal S. E. (2d) 371, (1952). 

CHAPTER 15. 
Legal Notices Generally. 

§ 10-1304. Equivalent of publication for two weeks or fifteen days. 

Not applicable to § 47-1004. Central Re- spector, City of Greenville, 218 S. C. 435; 
alty Corporation v. Allison, Building In- 63 S. E. (2d) 153, (1951). 

§ 10-1306. Length of time legal sales shall be advertised. 

Cited. Central Realty Corporation v. Alii- 218 S. C. 435; 63 S. E. (2d) 153, (1951). 
son, Building Inspector, City of Greenville, 



29 Code of Laws of South Carolina, 1952 § 10-1732 

CHAPTER 16. 
Referees and Masters. 
§ 10-1402. When reference may be compulsorily ordered. 

See generally Center et al. v. Vaughan Applied. Nachman-Rhodes, Inc. v. Light- 

er al, 217 S. C. 31; 59 S. E. (2d) 491, ner et al, 219 S. C. 167, 64 S. E. (2d) 393, 
(1950). (1951). 

§ 10-1403. Reference in equitable matters. 

Order of reference not proper in action Applied. Nachman-Rhodes, Inc. v. Light- 

for legal services rendered. DePass v. Pied- ner et al, 219 S. C. 167; 64 S. E. (2d) 393, 

mont Interstate Fair Ass'n. 217 S. C. 38; (1951). 
59 S. E. (2d) 495, (1950). 

CHAPTER 17. 
Verdicts. 

§ 10-1453. When jury may render special or general verdict; directing spe- 
cial findings. 

In action for recovery of money only the Fire Ins. Co., 217 S. C. 365; 60 S. E. (2d) 
rendition of a special verdict is within the 687, (1950). 
discretion of the jury. Eaves v. Progressive 

§ 10-1461. Motions for new trial. 

Discretionary power of trial judge to resubmission by consent. Fallon v. Rucks, 

grant a new trial on factual grounds does et al, 217 S. C. 180; 60 S. E. (2d) 88, 

not include objection to the verdict's form (1950). 
before it was amended by the jury upon 

CHAPTER IS. 

Judgments and Decrees Generally. 

Article 1. 
General. 
§ 10-1501. Judgment defined. 

Generally where a judgment results from aside such judgment on the ground of 

a trial in which there was false swearing, fraud. Bryan v. Bryan, et al, 220 S. C. 164; 

an independent action in equity will not lie 66 S. E. (2d) 609, (1951). 
between the parties or their privies to set 

Article 2. 

Judgments by Default or Confession. 

§ 10-1532. Judgment after reference or upon evidence taken by court. 

Applied. Arthur v. Devaux, 217 S. C. 256; 60 S. E. (2d) 590, (1950). 

CHAPTER 20. 
Executions and Judicial Sales Generally. 

Article 2. 
Discovery; Arrest; Garnishment ; Receivers, etc. 

§ 10-1721. Order for discovery of property. 

See Generally. Fagin v. Timmons, 217 S. C. 432; 60 S. E. (2d) 863, (1950). 

§ 10-1732. Judge may appoint receiver. 

Fact that tax lien of U. S. is on property of debtor. Fagin v. Timmons, 217 S. C. 432; 
of debtor is not sufficient to prevent ap- 60 S. E. (2d) 863, (1950). 
pointment of receiver to manage property 



§ 10-1733 1952 Supplement 30 

§ 10-1733. Prohibition of transfer of property. 

Cited. Fagan v. Timmons, 217 S. C. 432; 60 S. E. (2d) 863, (1950). 

CHAPTER 23. 
Death by Wrongful Act and Lynching. 

Article 1. 
Death by Wrongful Act. 
§ 10-1951. Civil action for wrongful act causing death. 

Cited. Conyers v. Atlantic Coast Line R. Evidence sufficient to justify submission 

Co., et al, 218 S. C. 278; 62 S. E. (2d) 478, to jury of question of joint or common en- 

(1950); McCullem v. Liberty Life Ins. Co., terprise. Floe v. Plowden, 192 F. 2d 291 

217 S. C. 565; 61 S. E. (2d) 181, (1950); (1951). 

Dawson, Administrator v. South Carolina In wrongful death action, where plaintiff 
Power Company, 220 S. C. 26; 66 S. E. administrator, who is required by the stat- 
(2d) 322, (1951); Jones v. Atlanta-Charlotte ute to bring suit, and the defendants are 
Air Line R. Co., et al, 218 S. C. 537; 63 residents of same state, there is no federal 
S. E. (2d) 476, (1951); Webb, Adm. v. jurisdiction based on diversity of citizen- 
Southern Ry. Co., et al, 221 S. C. 450; 71 ship. Mason v. Helms, et al, 97 F. Supp. 
S. E. (2d) 12, (1952); Atlantic Coast Line 312 (1951). 

R. Co. v. Glenn, 198 F. (2d) 232 (1952); In action for wrongful death the lex loci 

DuRant v. George A. Rheman Co. Inc., governs as to all matters considered to be 

219 S. C. 250; 64 S. E. (2d) 531, (1951). substantive and which create and affect the 

Wife living in adulter}- with another man right to sue; and the lex fori governs as to 

during decedent's lifetime not "widow" merely procedural matters. Anderson v. 

under wrongful death statute. Folk v. Lane, 97 F. Supp. 265 (1951). 
United States, 102 F. Supp. 736 (1952). 

§ 10-1952. Beneficiaries of action for wrongful death. 

See notes under § 10-1951. Charlotte Air Line R. Co.. et al. 218 S. C. 

Cited. Conyers v. Atlantic Coast Line R. 537; 63 S. E. (2d) 476, (1951V. Webb. Adm. 

Co.. et al. 218 S. C. 278; 62 S. E. (2d) 478, v. Southern Ry. Co., et al, 221 S. C. 450; 

(1950); Dawson, Administrator v. South 71 S. E. (2d) 12, (1952); Atlantic Coast 

Carolina Power Company, 220 S. C. 26: Line R. Co. v. Glenn, 198 F. 2d 232 ( 1952). 
66 S. E. (2d) 322, (1951); Jones v. Atlanta- 

CHAPTER 24. 
Declaratory Judgments. 

§ 10-2002. Courts of record may declare rights, status, and other legal rela- 
tions. 

A declaratory judgment should not deal for declaratory judgments without await- 

with moot or abstract matters or constitute ing a breach of existing rights. Waller, et 

a merely advisory opinion, and to this end al v. Waller, 220 S. C. 212; 66 S. E. (2d) 

there should be an existing controversy, or 876, (1951). 

at least the "ripening seeds of a contro- Applied. S. C. Electric & Gas Co. v. 

versy," as stated in 16 Am. Jur. 284. but Pinckney et al, 217 S. C. 407; 60 S. E. (2d) 

the basic purpose of the act is to provide 851, (1950). 

§ 10-2003. Deed, will, written contract, statute, municipal ordinance, con- 
tract or franchise. 

Since the parties have present, vested in- ture. and they are entitled to invoke the 

terests in the reversion affecting the land declaratory aid of this court. Waller, et al 

in question, although subject to be di- v. Waller, 220 S. C. 212; 66 S. E. (2d ) 876, 

vested, the action is by no means prema- (1951). 



31 Code of Laws of South Carolina, 1952 § 10-2301 

CHAPTER 25. 
Injunctions. 
§ 10-2055. Conditions under which temporary injunction granted. 

There are two essential conditions to the junction is reasonably necessary to protect 

granting of temporary injunctions: (1) the the legal rights of the plaintiff pending the 

complaint must allege facts which appear litigation. Bookhart v. Central Elec. Power 

to be sufficient to constitute a cause of ac- Coop., 219 S. C. 414; 65 S. E. (2d) 781, 

tion for injunction; and (2) on the entire (1951). 

showing from both sides it must appear, in Cited. Epps v. Bryant et al, 218 S. C. 

view of all the circumstances, that the in- 359; 62 S. E. (2d) 832, (1950). 

§ 10-2055.1. When temporary injunctions granted; copy of affidavit to be 
served. 

Cited. Epps v. Bryant et al, 218 S. C. 359; 62 S. E. (2d) 832, (1950). 

§ 10-2055.2. Order to show cause why injunction should not be granted ; tem- 
porary restraint. 

No undertaking necessary for restraining 62 S. E. (2d) 832, (1950). 
order. Epps v. Bryant, et al, 218 S. C. 359; 

§ 10-2057. Security upon injunctions ; how damages ascertained. 

Undertaking necessary when temporary dictional defect. Id. 
injunction ordered. Epps v. Bryant, et al, Cited. Epps v. Bryant et al, 219 S. C. 307; 

218 S. C. 359; 62 S. E. (2d) 832, (1950). 65 S. E. (2d) 112, (1951). 

Failure require undertaking is not juris- 

§ 10-2059. Motion to vacate or modify injunction. 

This section authorizes a judge to in- after due notice and a hearing must ordi- 
crease the amount of an undertaking fixed narily stand, so far as the power of the Cir- 
in an injunction order granted on an ex cuit Court is concerned, until the cause is 
parte application, upon a proper showing tried, except perhaps when there is a show- 
that said amount is inadequate for the pro- ing of a material change in conditions or 
tection of the defendant. Epps v. Bryant, that unusual and unforeseen circumstances 
et al, 219 S. C. 307; 65 S. E. (2d) 112, had developed since the issuance of the 
(1951). order. Epps v. Bryant, et al, 219 S. C. 307; 

But the manifest implication of this sec- 65 S. E. (2d) 112, (1951). 
tion is that an injunction order granted 

CHAPTER 29. 
Quo Warranto and Scire Facias. 

§ 10-2264. Proceedings against defendant on refusal to deliver books, etc. 

Applied. Jennings v. Green, et al, 219 S. C. 471; 65 S. E. (2d) 878, (1951). 

CHAPTER 30. 
Receivership and Other Provisional Remedies. 

§ 10-2301. Appointment. 

Receivership may affect procedure upon, under this section. Taylor v. Atlantic Coast 

but not the substance of, contract obliga- Line R. Co. et al, 217 S. C. 435; 60 S. E. 

tions. National Cash Register Co. v. Burns, (2d) 889, (1950). 
217 S. C. 310; 60 S. E. (2d) 615, (1950). All creditors need not be original parties 

Receivership in supplementary proceed- to proceedings for appointment of receiver. 

ing is different from ordinary receivership Id. 



§ 10-2401 1952 Supplement 32 

CHAPTER 31. 
Recovery of Real Property. 

Article 1. 
General Provisions. 

§ 10-2401. Who may bring action to determine adverse claim. 

See generally. Waller et al v. Waller, 220 S. C. 212; 66 S. E. (2d) 876, (1951). 

Article 2. 
Possession and Adverse Possession. 

§ 10-2421. When possession presumed; when occupation deemed under legal 
title. 
Payment of taxes to prove adverse pos- 65 S. E. (2d) 478, (1951). 
session. Harrelson v. Reaves, 219 S. C. 394; Stated. Terwilleger v. White, 

§ 10-2422. Occupation under written instrument, etc. 

See generally Thigpen v. Thigpen, 217 S. C. 322; 60 S. E. (2d) 621, (1950). 

CHAPTER 32. 
Recovery of Personal Property. 
§ 10-2501. When claimant may claim immediate delivery. 

The summons must be served before the necessity of summons, however seizure was 

proceeding for immediate possession is invalid. Plowden v. Mack, 217 S. C. 226; 

commenced. Plowden v. Mack, 217 S. C. 60 S. E. (2d) 311, (1950). 

226; 60 S. E. (2d) 311, (1950) . Action for possession triable even though 

General appearance of defendant after seizure may be illegal. Plowden v. Mack, 

seizure of property, where no summons 217 S. C. 226; 60 S. E. (2d) 311, (1950). 
served prior to seizure, was waiver of 

§ 10-2503. Affidavit and its requisites. 

Verified complaint may be used to aug- 226; 60 S. E. (2d) 311, (1950). 
ment affidavit. Plowden v. Mack, 217 S. C. 

§ 10-2504. Requisition to sheriff to take and deliver property. 
Cited. Plowden v. Mack, 217 S. C. 226; 60 S. E. (2d) 311, (1950). 

§ 10-2505. When sheriff to take property; security required. 

Amendment of bond and giving amended 217 S. C. 226; 60 S. E. (2d) 311, (1950). 
bond retroactive effect. Plowden v. Mack, 

CHAPTER 33. 
Remedies of Minors, Incompetents and Females. 

Article 3. 
Adoption. 
§ 10-2581. Petition for adoption. 

Cited. Driggers et ux. v. Jolley, 219 S. C. 31; 64 S. E. (2d) 19, (1951). 



33 Code of Laws of South Carolina, 1952 § 12-454 

Title 11. 
Contracts and Agency. 

CHAPTER 3. 
Statutes of Frauds 

§ 11-101. Agreements required to be in writing. 

Unless an alleged parol contract shows peal, that intention of parties is of con- 
on its face that it is not capable of being trolling effect, and therefore, upon a trial 
performed within one year it does not con- of the case, the intention of the parties as 
travene the Statute of Frauds. There must to whether the contract was to be per- 
be a negation of the right to perform the formed within one year will control whether 
contract within a year. But, this rule would the agreement is valid and enforceable and 
not apply where trial judge held, in an not within the Statute. Elkins, et al. v. Ply- 
order overruling a demurrer without prej- woods-Plastics Corporation, 219 S. C. 296; 
udice from which holding there was no ap- 55 S. E. (2d) 243-, (1951). 

Title 12. 
Corporations. 

CHAPTER 2. 
Creation and Organization of Corporations Generally. 

Article 1. 
Creation and Organization. 

§ 12-52. Initial meeting of subscribers ; election of board. 

Two or more persons desiring to form a corporation for any purpose whatso- 
ever or two or more combined (except for municipal purposes and except also for 
a railroad, railway, turnpike, canal or steamboat corporation) shall when not less 
than fifty per cent of the proposed capital stock shall have been subscribed by 
bona fide subscribers call the subscribers together. At such meeting of the sub- 
scribers, a majority of them in value being present in person or by proxy, the 
subscribers shall proceed to the organization of the proposed corporation by the 
election from among themselves of a board of directors, trustees or managers of 
such number as they may deem proper, not to exceed seventeen in number. Such 
board shall manage the affairs of the proposed corporation until their successors 
shall have been elected and shall have qualified according to the constitution and 
bylaws of the proposed corporation. 

1952 (47) 2173. 

CHAPTER 8. 

Merger and Consolidation in General. 

§ 12-451. Right to consolidate or merge. 

Stated. Johnson v. Baldwin, et al, 221 S. v. Abney Mills, 219 S. C. 231. 64 S. E. 
C. 141; 69 S. E. (2d) 585, (1952); Johnson (2d) 641. (1951). 

§ 12-452. Agreement of merger or consolidation. 

Stated. Johnson v. Baldwin, et al. 221 S. C. 141; 69 S. E. (2d) 585, (1952). 

§ 12-453. Submission to stockholders. 

Stated. Johnson v. Baldwin, et al. 221 S. C. 141; 69 S. E. (2d) 585, (1952). 

§ 12-454. Filing and recordation of agreement. 

Stated. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952). 



§ 12-457 1952 Supplement 34 

§ 12-457. Effect of consolidation. 

Stated. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952). 

§ 12-458. Same; property; rights and liabilities. 

Stated. Johnson v. Baldwin ct al, 221 S. C. 141; 69 S. E. (2d) 585, (1952). 

§ 12-459. Dissenting stockholders to be paid value of stock. 

A dissenting stockholder is put to an (2d) 585, (1952). 
election. If he votes against the merger, it Where a stockholder voted against a 
does not follow that he must demand pay- merger at the stockholders' meeting, and 
ment of the cash value of his stock. After thereafter within the required time, de- 
being outvoted in the election, he has manded payment for her stock and peti- 
twenty days after the consolidation or tioned the court for the appointment of 
merger agreement is filed and recorded to appraisers, she was bound by her election 
determine whether he will demand the pay- and may not later withdraw her demand 
ment of the value of his stock or go along and restore her status as a stockholder, 
with the consenting stockholders and take Johnson v. Baldwin, et al, 221 S. C. 141; 
under the merger agreement. Johnson v. 69 S. E. (2d) 585, (1952). 
Baldwin, et al, 221 S. C. 141; 69 S. E. 

§ 12-460. How value determined. 

Where a stockholder voted against a and restore her status as a stockholder, 
merger at the stockholders' meeting, and The Statute admits of no other reasonable 
thereafter within the time required by stat- construction and to hold otherwise would 
ute, demanded payment for her stock and lead to great uncertainty and much con- 
petitioned the court for the appointment of fusion. Johnson v. Baldwin, et al, 221 S. 
appraisers, she was bound by her election C. 141; 69 S. E. (2d) 585, (1952). 
and may not now withdraw her demand 

§ 12-463. Effect of consolidation on actions pending. 

Stated. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952). 

§ 12-464. Certain liabilities and rights not affected. 

Stated. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952). 

CHAPTER 10. 
Dissolution and Transfer of All Assets. 

Article 3. 
Sale of Major Assets. 

§ 12-633. Rights of objecting stockholders. 

Cited. Johnson v. Baldwin, et al 221 S. C. 141; 69 S. E. (2d) 585, (1952). 

CHAPTER 11. 
Foreign Corporations. 

Article 1. 
General Provisions. 
§ 12-703. Contracts with citizens deemed made in the State. 

Where textile factor was not licensed to application to textile factor's contract, 
do business in South Carolina and was not Meinhard Greeff & Co. v. Edens, 189 F. 
doing business therein, this section had no 2d 792 (1951). 

CHAPTER 12. 
Charitable, Social and Religious Corporation. 

§ 12-758. Powers of corporation. 

Porter Academy, an eleemosynary cor- emy, et al, 217 S. C. 168; 60 S. E. (2d) 82, 
poration, has all of the powers authorized (1950). 
by this section. Frierson v. Porter Acad- 



35 Code of Laws of South Carolina, 1952 § 13-227.1 

CHAPTER 15. 
Rural Electric Cooperative Act. 

Article 1. 
General Provisions. 
§ 12-1001. Short title. 

Constitutional. Bookhart v. Central Elec. The transmission of electric power by 

Power Coop., 219 S. C. 414; 65 S. E. (2d) Central Electric Power Cooperative, Inc., 
781, (1951). is a public purpose. Id. 

Title 13. 
Cotton. 

CHAPTER 2. 
Weighers and Weighing. 

Article 8. 

Compensation and Charges in Certain Localities. 

§ 13-224. Where charge ten cents. 

The cotton weighers at Darlington in Darlington County, in Florence County, 
at Chappells and Prosperity in Nezvberry County, at Seneca in Oconee County 
shall receive as compensation for their services ten cents per bale for each bale 
weighed by them. Such compensation shall be paid one-half by the buyer and one- 
half by the seller. 

The seller and buyer of any cotton on the market at Gaffney shall each pay to 
the weigher five cents per bale for each bale weighed, to be turned over by him to 
the county treasurer monthly. On the 15th day of June in every year, after de- 
ducting the expenses for salaries, labor and charges for scales and platform, any 
balance shall be converted into the ordinary funds of the county. The governing 
body of Cherokee County may fix the compensation of the cotton weigher at 
Gaffney. 

1952 (47) 1879. 

§ 13-227. Where twenty cents. 

****** 

The governing body of McCormick County shall fix the compensation to be re- 
ceived by the cotton weigher at McCormick in McCormick County, not to exceed 
twenty cents for each bale weighed by him, ten cents of which shall be paid by the 
seller and ten cents by the buyer. 

1952 (47) 1727. 

First two paragraphs unchanged. 

§ 13-227.1. Where twenty-five cents. 

****** 

The cotton weigher in the Aiken Township in Aiken County shall receive as com- 
pensation not more than twenty-five cents for each bale weighed by him. 
1952 (47) 1925. 



§ 13-228 1952 Supplement 36 

§ 13-228. Where thirty cents. 

It shall be unlawful for any cotton weigher in Dillon County to charge in excess 
of thirty cents per bale for weighing cotton, one-half of which shall be paid by the 
buyer and one-half by the seller. 

The cotton weigher at Camden in Kcrshazv County and the cotton weigher at 
Kershaw in KcrsJiaw and Lancaster Counties shall receive thirty cents per bale for 
each bale of cotton weighed by him, fifteen cents to be paid by the buyer and fifteen 
cents to be paid by the seller. 

The cotton weigher for Columbia township in Richland County shall receive and 
charge for his services and the use of the platform thirty cents for each bale weighed 
by him, fifteen cents to be paid by the seller and fifteen cents to be paid by the buyer. 
He shall render to the governing body of the county a monthly statement of the 
cotton weighed by him and shall pay to such body as compensation for the use of 
the platform one cent per bale for all cotton weighed and one-half the amount col- 
lected for cotton remaining on the platform more than three days. All other receipts 
shall be retained by the cotton weigher for his compensation and expenses. 

The governing body of Lancaster County shall fix the compensation to be re- 
ceived by the cotton weighers at Heath Springs and Lancaster in Lancaster Coun- 
ty not to exceed thirty cents for each bale weighed by them, fifteen cents of which 
shall be paid by the seller and fifteen cents by the buyer. 

19S2 (47) 1727, 1879. 

Title 14. 

Counties 

Chapter 1. General Provisions, § 14-17. 

15. Abbeville County, §14-701. 

18. Anderson County, § 14-863. 

23. Calhoun County, § 14-1121. 

26. Chester County, § 14-1357. 

27. Chesterfield County, § 14-1423. 
30. Darlington County, § 14-1661. 

39. Hampton County.' §14-2270. 

40. Horry County, § 14-2303.1. 
43. Lancaster County, § 14-2564.1. 
54. Richland County, § 14-3201. 
56. Spartanburg County, § 14-3307. 

CHAPTER 1. 
General Provisions. 

§ 14-17. Same; local exceptions in certain counties. 

Notwithstanding the provisions of § 14-16, the fiscal year of the counties of Abbe- 
ville, Aiken, Allendale, Anderson, Barnwell, Beaufort, Berkeley, Calhoun, Charles- 
ton, Chester, Chesterfield, Colleton, Darlington, Dillon, Dorchester, Edgefield, Flor- 
ence, Greenville, Horry, Jasper, Kershaw, Lancaster, Laurens, Lee, Marion, Marl- 
boro, McCormick, Newberry, Oconee, Richland, Saluda, Spartanburg, Sumter, 
Union and York shall begin on July 1st of each year and end on June 30th of the 
next following calendar year. 

1952 (47) 1702, 1914. 



37 Code of Laws of South Carolina, 1952 § 14-606 

§ 14-19. Operation of county government in county without supply act. 

Applied. McKown et al v. Daniel et al, 217 S. C. 510; 61 S. E. (2d) 163, (1950). 

CHAPTER 2. 
Boundaries of Existing Counties. 
§ 14-57. Beaufort County. 

Transfer of portion of Beaufort County County, et al v. Jasper County, et al, 220 S. 
to Jasper County constitutional. Beaufort C. 469; 68 S. E. (2d) 421, (1951). 

§ 14-77. Jasper County. 

Transfer of portion of Beaufort County County, et al v. Jasper County, et al, 220 
to Jasper County constitutional. Beaufort S. C. 469; 68 S. E. (2d) 421, (1951). 

CHAPTER 4. 
Creation of New Counties and Consolidation of Counties. 
§ 14-157. Appointment and duties of surveyors. 

Cited. Beaufort County, et al v. Jasper 421, (1951). 
County, et al, 220 S. C. 469; 68 S. E. (2d) 

§ 14-163. General Assembly to create a new county. 

Cited. Beaufort County, et al v. Jasper 421, (1951). 
County, et al, 220 S. C. 469; 68 S. E. (2d) 

CHAPTER 5. 
County Boards of Commissioners. 
§ 14-201. How composed. 

In absence of statutory authority a real estate. Williams et al v. Wylie, et al. 
county board of commissioners cannot sell 217 S. C. 247; 60 S. E. (2d) 586, (1950). 

CHAPTER 7. 
County Officers Generally. 
§ 14-302. How vacancies in county offices filled. 

Applied. Bradford and Malone. et al v. 228, (1952). 
Byrnes, et al, 221 S. C. 255; 70 S. E. (2d) 

§ 14-315. Disbursing officers not to exceed or transfer appropriations ; suspen- 
sion by Governor. 

Held inapplicable to a certain county 217 S. C. 510; 61 S. E. (2d) 163, (1950). 
supply act. McKown, et al v. Daniel, et al, 

CHAPTER 9. 
Claims Against Counties. 
§ 14-413. Disallowance of claims on other grounds. 

Recovery of funds paid on claims of Daniel, et al, 217 S. C. 510; 61 S. E. (2d) 
sheriff for costs and fees approved by 163, (1950). 
county governing body. McKown, et al v. 

CHAPTER 13. 
Buildings and Lands Generally. 

§ 14-606. Alterations in courthouse or jail. 

Cited. Beacham v. Greenville County, 218 S. C. 181 ; 62 S. E. (2d) 92, (1950). 



§ 14-1701 1952 Supplement 38 

CHAPTER 15. 
Abbeville County. 

Article 1. 
General Provisions. 
§ 14-701. Term of supervisor. 

The term of office of the county supervisor of Abbeville County which begins on 
June 30, 1953, shall expire on December 31, 1956. Thereafter and commencing Jan- 
uary 1, 1957, the regular terms of office of the supervisor shall be for four years and 
until his successor qualifies. 
1952 (47) 1729. 

CHAPTER 18. 
Anderson County. 

Article 1. 
County Government. 

§ 14-863. Authority of supervisor. 

The supervisor shall, subject to such limitations as may be herein placed upon 
him, have charge of the buildings, including the courthouse and the employment 
of the janitor thereof, and maintenance of roads, the county chain gang and county 
prisoners and is charged with the care and supervision of all county property not 
specifically falling under the care and supervision of the board : provided, that the 
clerk of court shall have charge of the courtroom and jury rooms of the courthouse. 
The supervisor shall have charge of all road construction and maintenance. 

1952 (47) 1979. 

CHAPTER 23. 
Calhoun County. 
§ 14-1121. Historical Commission. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1911 and 1912 make up this section. 

CHAPTER 24. 
Charleston County. 

Article 8. 
Township of Folly Island. 

§ 14-1261. Territorial limits. 

Stated. Wagener, et al v. Smith, et al, 221 S. C. 438; 71 S. E. (2d) 1, (1952). 

CHAPTER 25. 
Cherokee County. 

Article 1. 
County Government . 
§ 14-1304. Clerk; appointment; term; vacancy; dutiees. 

Original clerk entitled books, papers, etc. et al, 219 S. C. 471; 65 S. E. (2d) 878, 
from predecessor clerk. Jennings v. Green, (1951). 



39 Code of Laws of South Carolina, 1952 § 14-1366.3 

Article 2. 
Financial Matters Generally. 
§ 14-1311. Appropriations not to be exceeded. 

This section, in view of 1935 amendment and costs to those in annual county supply 
to Article III, § 34, State Constitution, does act. McKown, et al v. Daniel, et af, 217 S. 
not limit amounts payable to sheriff for fees C. 510; 61 S. E. (2d) 163, (1950). 

CHAPTER 26. 
Chester County 

Article 1. Article 2. 

General Provisions, § 14-1357. County Government, § 14-1366.1. 

Article 1. 
General Provisions. 
§ 14-1357. Office hours. 

All county offices in Chester County shall remain open Monday through Friday 
from nine o'clock a.m. until five o'clock p.m. On Saturday all county offices shall be 
open until one o'clock p.m. 
1952 (47) 2133. 

Article 2. 

County Government. 

§ 14-1366.1. Administrative duties and powers. 

The county manager shall be the administrative officer of the board of directors, 
administer the affairs of the board of directors and in the absence of the board of 
directors or when the board of directors is not in session perform the duties and 
carry out those functions of the county board of directors provided by § 14-1371. 
He shall have general supervision of all county buildings, county farm, nursing and 
convalescent home, dieting of prisoners in the county jail and the keeping of the 
books and records of the office of the board of directors, and shall have all other 
duties of an administrative nature. 

The county manager shall advise and cooperate with the board of directors and 
shall attend all regular meetings of the board of directors. 

1952 (47) 2127. 

§ 14-1366.2. Employees. 

All employees shall be employed by the board of directors upon the recommenda- 
tion of the county manager. 
1952 (47) 2127. 

§ 14-1366.3. Duties as to county property. 

The county manager shall organize and maintain an efficient system of operation 
for the road department, the county prison stockade and the county shops. Such 
system shall include a record of all receipts and disbursements, purchases, etc., and 
shall also include monthly inventory of all materials, supplies, equipment and ma- 
chinery on hand. The inventory is to be made by the county manager or person or 
persons acting under his direction. The county manager shall make a report at 
the end of each month to the board of directors showing the work performed during 
the month, together with the expenditures therefor. 

1952 (47) 2127. 



§ 14-1366.4 1952 Supplement 40 

§ 14-1366.4. Act as purchasing agent. 

The county manager shall be the purchasing agent for Chester County and pur- 
chase all supplies, machinery, equipment and materials, claims for which shall be 
approved by the board of directors. All purchases shall be made as hereinafter pre- 
scribed. All purchases of supplies, machinery, equipment and materials in excess of 
two hundred fifty dollars shall be made by the county manager by asking for and 
advertising for public bids. The county manager shall ask for and receive two or 
more bids for any supplies, machinery, equipment or materials to be purchased. 
The county manager in asking for and advertising for bids, shall submit a list of 
specifications in detail for any purchase or purchases to be made. After bids have 
been received from two or more bidders the county manager shall make purchase 
or purchases from the lowest bidder. No purchases shall be divided for the purpose 
of circumventing this section. When purchases of any supplies, machinery, equip- 
ment or materials are made from any governmental agency or department the 
county manager shall make such purchases without asking for and advertising for 
bids, but with the approval of the board of directors and a majoriy of the legis- 
lative delegation. Under emergency conditions the county manager may make pur- 
chases without asking for and advertising for bids. Such purchases may be made 
with the approval of the board of directors and a majority of the legislative delega- 
tion. Purchases under two hundred fifty dollars shall be made by the county man- 
ager without asking for and advertising for bids, and in each such instance the coun- 
ty manager shall certify on the claim for the article thus purchased the reasons 
therefor. All claims against the county for supplies, machinery, equipment and ma- 
terials arising under and to be paid for out of the appropriations for the departments 
of the county in charge of the board of directors shall first be approved by the county 
manager before being paid. Any purchase of supplies, machinery, equipment, or 
materials made contrary to the above provisions shall not be paid for out of county 
funds. 

1952 (47) 2127. 

§ 14-1367. Compensation of county employees. 

The compensation and salaries of all employees, agents and servants of the 
county except the manager shall be determined and fixed by the board of directors, 
shall be as low as may be consistent with securing competent employees and efficient 
service and shall not be more or less than the respective amounts provided in the 
annual county supply act or authorized and approved in writing by the legislative 
delegation. 

1952 (47) 2127. 

§ 14-1368. Bonds. 

An adequate bond with good and sufficient surety payable to the board of di- 
rectors and conditioned for the faithful performance of their duties shall be required 
of such employees not otherwise provided for and contracting parties as the board 
may deem proper. 

1952 (47) 2127. 

§ 14-1371. Further duties. 

The board of county directors shall organize and conduct the administration of 
the county's business, financial and fiscal affairs upon a systematic, economical 
and efficient basis. To that end the board shall : 



41 Code of Laws of South Carolina, 1952 § 14-1661 

( 1 ) Provide and maintain at the county seat an office for the transaction of busi- 
ness, which shall be open as nearly as practicable upon every business day of the 
year, wherein shall be kept all books of account, contracts, correspondence and 
other records of official business ; 

(2) Inaugurate and maintain, under such expert supervision and direction as 
may be necessary, a system of receiving and disbursing funds and keeping accurate 
check of the same and of accounting and bookkeeping that will properly safeguard 
the public interest and accurately determine and show the cost of maintaining all 
public institutions and public property and of performing all public work of every 
character ; 

(3) Maintain and keep in repair and in efficient operative condition all county 
property and county institutions. 

1952 (47) 2127. 

CHAPTER 27. 
Chesterfield County. 

Article 2. 
County Government. 

§ 14-1423. Bonds of clerks for board of commissioners and county treasurer 
clerks. 

The clerk and the assistant clerk of the board of commissioners and each of the 
clerks in the office of the county treasurer shall be bonded in the amount of five 
thousand dollars each. Such bonds shall be surety company bonds or cash or gov- 
ernment bonds deposited by the clerk. No clerk shall enter upon the discharge of 
his duties until such bond has been filed with the clerk of court. 

1952 (47) 2074. 

CHAPTER 30. 
Darlington County. 

Article 2. Article 4. 

County Government, § 14-1661. Financial Matters Generally, § 14-1691. 
Article 3. Article S. 

Purchases, § 14-1681. Sinking Fund Commission, § 14-1701. 

Article 2. 

County Government. 

§ 14-1661. County board of directors; appointment; term; removal; vacancy. 

A county board of directors hereinafter called "the board" is hereby created to 
constitute the county board of Darlington County. The board shall consist of six 
members, who shall be appointed by the Governor upon the recommendation of 
a majority of the legislative delegation from Darlington County, including the Sen- 
ator, for a term of three years from March 25 1952 and until their successors are 
appointed and qualified. The members shall be subject to removal by the Governor 
for incapacity, misconduct or neglect of duty. A vacancy occurring on the board 
shall be filled for the unexpired term in the same manner as provided for the ap- 
pointment of the original board. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 



§ 14-1662 1952 Supplement 42 

§ 14-1662. Officers. 

There shall be a chairman and a vice-chairman of the board, both of whom shall 
be elected by the members of the board from their membership. The chairman shall 
preside at all meetings and represent the board when it is not in session. The vice- 
chairman shall act as chairman during the absence of the chairman. The terms of 
office of chairman and vice-chairman shall run coterminously and end with their 
term of office on the board. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1663. Meetings. 

The board shall meet as soon as practicable after its appointment and monthly 
thereafter at a time to be designated by the chairman, upon five days written notice 
to the other members of the board, and at such other times as the chairman may 
designate. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1664. Duties and powers. 

All executive and administrative duties, powers, and authority necessary for the 
government of the county which are not inconsistent with the Constitution or laws 
of this State, including all the duties, powers and authority that are formerly de- 
volved upon or vested in the county manager and the advisory commission to the 
manager and which are not inconsistent with the provisions of this chapter, are 
hereby devolved upon and vested in the board. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1665. Manager; clerk. 

The board shall employ a county manager and a county clerk, each of whom shall 

hold office for the term of one year on a fiscal year basis, beginning July 1 1952. 

Each shall, however, be subject to removal by the board at any time for sufficient 

cause. Before entering upon the discharge of their duties, the county manager shall 

execute a fidelity bond in the sum of twenty thousand dollars and the clerk shall 

execute a fidelity bond in the sum of ten thousand dollars, both of which shall be 

in favor of the county with a surety company authorized to do business in this State 

and the premium on the bonds shall be paid from county ordinary funds. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1666. Duties of manager. 

The county manager shall keep the board informed on the financial and other 
affairs of Darlington County. The public works of the county, including the supervi- 
sion of all public buildings, road machinery, chaingang, and jail equipment, and 
other public property, both real and personal, and the construction, maintenance 
and supervision of public roads, bridges, and other public works, and the operation 
and maintenance of the chaingang and jail, shall be under the supervision of the 
county manager subject to such rules, regulations and restrictions as may be pro- 
mulgated by the board. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 



43 Code of Laws of South Carolina, 1952 § 14-1688 

§ 14-1667. Public works under control of county manager. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1668. Custodian of property. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1669. Advisory commission to manager. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1670. Chairman and vice-chairman. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1671. Meetings; county manager to keep commission informed. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1672. Attorney. 

As legal advisor to the county board of directors, there shall be appointed by 
the board a member of the South Carolina Bar, who is also a member of the Dar- 
lington County Bar. Such appointment shall be made for a one-year term on a 
fiscal year basis beginning July 1 and such attorney shall handle all legal business 
of the county. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

Article 3. 
Purchases. 
§ 14-1681. County manager to make purchases. 

The purchase of all supplies, equipment, machinery, groceries, materials, wares, 
merchandise, and other articles which may be needed by the county from time 
to time, shall be made by the county manager, subject to such rules, regulations 
and restrictions as may be promulgated by the board, with a view, first, to serving 
satisfactorily the purpose and contemplation of such purchases, and second, to 
securing the widest practicable measure of competition consistent with that purpose. 
All materials, supplies, or equipment, the value of which exceeds two hundred dol- 
lars, shall be purchased only after receiving two or more sealed bids. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1682. Conformance to requirements of commission. 

Repealed by 1052 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1683. Procedure generally. 

Rerealed by 1952 A. eSc J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1684. Purchase after advertising for bids. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1685. When bidding restricted to eligible list. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1686. Purchases when competition impracticable. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1687. Replacement parts, etc. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1688. Emergencies. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 



§ 14-1691 1952 Supplement 44 

Article 4. 
Financial Matters Generally. 
§ 14-1691. Authority of board. 

The board shall pass such rules and regulations as may be necessary to the 
proper handling of all monies and finances of the county, as shall not be incon- 
sistent with the annual appropriation act, and shall direct the expenditure and 
payment thereof. No request for expenditure of any funds not provided for in the 
annual appropriation act or by special legislation shall be granted unless such re- 
quest shall first be submitted to the board in writing and approved by a majority 
of the members of the board at a regular meeting or a meeting called for the 
purpose of hearing such request. The legislative delegation shall have no authority 
to issue an authorization for expenditure of funds between sessions of the General 
Assembly. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1692. Budgets; recommendations. 

On or before January fifteenth of each year the board shall prepare and submit 
to the legislative delegation of the county an itemized statement of all needful ap- 
propriations, together with the estimated revenues accruing to the county from all 
sources and in such form that the statement may be used as the basis for the annual 
county appropriation act. The board shall make recommendations to the delegation 
in respect to needful legislation in the interest of an efficient administration of the 
affairs of the county. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1694. Disbursements; records; audits. 

All vouchers and warrants for the disbursement of county funds shall, after ap- 
proval by the board, be signed by the county manager and the county clerk. Such 
vouchers and warrants and all other records pertaining to the county business shall 
be placed in the custody of the county clerk who shall preserve them among the 
records of his office. The county clerk shall also examine and audit the accounts of 
all county officers, including magistrates, at such times as the board may designate. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1695. Reports of claims paid. 

The clerk to the board shall prepare, during the first week of each month, a 

full statement of all claims paid during the preceding month, to be audited by the 

board. The statement shall show the file number of the claim, the amount claimed, 

the nature of the claim or services rendered, and the name of the claimant. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pj> 2096 to 2100. 

§ 14-1696. Maximum price of publications; alternative posting. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

§ 14-1697. Publication prerequisite to salary payment. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 



45 Code of Laws of South Carolina, 1952 § 14-1710 

§ 14-1698. Borrowing. 

The board shall estimate quarterly the amount of money necessary to meet 
claims against the county (in accordance with the appropriations made) for the 
next ensuing quarter and shall not borrow at any one time an amount of money 
in excess of the estimates. No loans shall be negotiated for any sum or sums of 
money by any public officers or officers of the county except upon competitive 
bids from reliable and responsible bidders, which bids shall be made after notice 
being mailed to each bank or banking institution within the county. Any public 
officer within the county who shall fail, refuse, or neglect to comply with the 
terms and provisions of this section shall be guilty of misconduct in office and the 
Governor, upon the fact being made known to him, shall remove the officer or 
officers summarily from office. 

1952 (47) 2096. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100. 

Article 5. 
Sinking Fund Commission. 

§ 14-1701. Appointment of commission ; term. 

The sinking fund commission of the county shall consist of three members to 
be designated by the county board of directors. The three members so appointed 
shall be men of substantial experience in the fields of business and finance. Their 
terms of office shall be for four years, and they shall serve until their successors 
have been appointed and qualified, the terms of the present members expiring 
June 30 1953 at which time new members shall be appointed for a four year period. 

1952 (47) 2096. 

§ 14-1703. Commission to work under board. 

The sinking fund commission shall exercise its powers subject to the supervi- 
sion and control of the board. It shall report to the board at least once each year, 
and oftener if so required by the board, all of its transactions and the securities ac- 
quired and held by it and shall furnish such other information as may be required 
by the board. 

1952 (47) 2096. 

§ 14-1705. Expenses. 

The necessary expenses of the sinking fund commission for the purchase of 
supplies or incurred in connection with the purchase of securities and the keeping 
and maintenance of proper records and accounts may be paid by the commission out 
of any income coming into the hands of the commission, provided that the total of 
such expenses shall not exceed the sum of one hundred dollars per year, unless 
specially authorized by the board. 

1952 (47) 2096. 

§ 14-1710. Sale or exchange of securities ; compromise of obligations, etc. 

The commission may sell in the usual business channels, in such manner and 
on such terms as to the members may seem best, any of the securities which may 
be held by the commission from time to time and may accept for the securities so 
sold an amount less than face or par value thereof, if in the judgment of the com- 
mission that is the sound course to pursue in respect to the particular securities. 
It may also exchange any securities in its hands for other securities of the same 



§ 14-1710 1952 Supplement 46 

obligors, even though the terms and rates of interest of the new securities may 
be less favorable than those given in exchange, when in the judgment of the com- 
mission this is the sound course to pursue. It may also compromise any obligation 
due it or securities held by it and enter into any refunding or reorganization plan, 
whether involving the substitution of securities or not, proposed by any obligor for 
the purpose of adjusting, refunding or selling obligations held by the commission. 
But in the exercise of any of the powers conferred by this section the members 
of the commission shall act only by unanimous vote, except that when a majority 
of the members of the commission favor the exercise of any power conferred by 
this section, such power may be exercised by a majority of the members of the 
commission upon the written approval of the board of directors. 
1952 (47) 2096. 

CHAPTER 37. 
Greenville County. 

Article 2. 

County Board oj Commissioners. 

§ 14-2066. General powers of board. 

Cited. Beacham v. Greenville County, 218 S. C. 181; 62 S. E. (2d) 92, (1950). 

CHAPTER 39. 
Hampton County. 

§ 14-2270. Treasurer receive salary in lieu of fees. 

The county's share of the salary paid to the county treasurer shall be a sum 
which, when added to the amount paid by the State, will total fifty-four hundred 
dollars annually. The treasurer shall pay into the Hampton County treasury all 
fees paid to him. 

1952 (47) 1904. 

CHAPTER 40. 

Horry County. 

Article 1. 

General Provisions. 

§ 14-2303.1. Issuance of receipts for moneys received. 

Any person receiving any of the fees provided for by § 27-S01 of other county 
monies shall execute receipts in triplicate. One copy shall be issued to the person 
paying the fee or other money, one copy retained by the person receiving the money 
and one copy placed in the hands of the county board of commissioners. Any person 
receiving county monies shall turn over each week to the county board of commis- 
sioners copies of all receipts issued by him during the preceding week. 

1952 (47) 2156. 



47 Code of Laws of South Carolina, 1952 § 14-3607 

CHAPTER 43. 
Lancaster County. 

Article 1. 
General Provisions. 

§ 14-2564.1. Purchase and sale of real estate. 

The board of directors may buy any real estate needed for county purposes. The 
board may also sell any real estate belonging to the county, except school property, 
when the property is no longer needed for county purposes. No purchase or sale 
shall be made unless the written approval of the Senator and a majority of the 
members of the House of Representatives from the county is first obtained. 

1952 (47) 1876. 

CHAPTER 54. 
Richland County. 

Article 1. 
General Provisions. 
§ 14-3201. Members of county board of commissioners. 

The terms of office of the supervisor and commissioners, which began January 1 
1951 shall continue until June 30 1955 and until their successors are elected and 
qualify. 

1952 (47) 1935. 

CHAPTER 56. 

Spartanburg County. 

Article 1. 
General Provisions. 
§ 14-3307. Purchase of supplies ; etc. 

Repealed by 1952 A. & J. R. (47 St. at L.) p 1694. 

CHAPTER 60. 
York County. 

Article 1. 
Supervisor and Commissioners. 
§ 14-3607. Appointment of members of board; term and salary. 

Appointment of the directors (when there ing from long-continued failure of a majori- 

are no nominations by primary) shall be ty. including the Senator, of the Legislative 

made by the Governor upon the recommen- Delegation to maWe recommendations, 
dation by a majority of the legislative dele- Office of director shall be filled by execu- 

gation, including the Senator. Bradford tive appointment of the Governor. Glas- 

and Maloney, et al v. Byrnes, et al, 221 S. cock, et al v. Bradford, et al, 218 S. C. 458; 

C. 255; 70 S. E. (2d) 228, (1952). 63 S. E. (2d) 166, (1951). 

The Governor may fill vacancies result- 



§ 15-1 1952 Supplement 48 

Title 15. 
Courts. 

Chapter 3. The Circuit Courts, § 15-264. 
4. The Probate Courts, § 15-444. 
9.1. The Civil and Criminal Court of Darlington, § 15-1581. 
10. The Civil Court of Florence, § 15-1602.1. 

13. Stenographers, Auctioneers, Bailiffs and other Court Attaches, § 
15-1913. 

CHAPTER 1. 
General Provisions. 

§ 15-1. Definition of real property. 

Cited. McDonald, et al v. Welborn, et al, 220 S. C. 10; 66 S. E. (2d) 327; (1951). 

CHAPTER 2. 
The Supreme Court. 

Article 2. 
Jurisdiction, Duties and Procedure. 

§ 15-123. Appellate jurisdiction in law cases. 

An intermediate order involving the mer- et al, 220 S. C. 356; 67 S. E. (2d) 677, 
its is appealable before final judgment. (1951); Johnson v. Abney Mills, 219 S. C. 
Cord v. Hines Construction Co., et al, 220 231; 64 S. E. (2d) 641, (1951); Crotts v. 
S. C. 356; 67 S. E. (2d) 677, (1951). Fletcher Motor Co., 219 S. C. 204; 64 S. E. 

Cited. Cord v. Hines Construction Co., (2d) 54, (1951). 

CHAPTER 3. 
The Circuit Courts. 

Article 4. 
Circuits and Terms of Court. 

§ 15-264. Terms of court in third circuit. 
****** 

(1) Clarendon County. — The court of general sessions for Clarendon County 
shall be held at Manning on the fourth Monday in January, the third Monday in 
June, and the second Monday in September, each for one week. The court of 
common pleas for said county shall be held at Manning on the first Monday in 
March for two weeks, the fourth Monday in April for one week and the third 
Monday in October for two weeks. 

(2) Lee County. — The court of general sessions for Lee County shall be held at 
Bishopville on the first Monday in February for one week, on the second Monday 
in June for one week, and on the first Tuesday after the first Monday in September 
for one week. The court of common pleas for said county shall be held at the same 
place on the fourth Monday in March for one week, the first Monday in May for 
one week, the fourth Monday in September for one week and the fourth Monday in 
November for two weeks. There shall be no jury trials at the summer term of ses- 
sions court unless a majority of the Lee County Bar Association deems it advisable 
and so notifies the judge of said circuit. 



49 Code of Laws of South Carolina, 1952 § 15-764 

(3) Sumter County. — The court of general sessions for the county of Sumter 
shall be held at Sumter on the second Monday in February for two weeks, on the 
third Monday in May for one week, on the the first Monday in November for 
one week and on the third Monday in December for one week. The court of 
common pleas for said county shall be held at the same place on the first Monday 
in January for three weeks, on the first Monday in April for three weeks, on the 
first Monday after the fourth Monday in September for two weeks, on the second 
Monday in November for one week and on the second Monday in December for one 
week. 

1952 (47) 1939. 

§ 15-286. Terms of court in fourteenth circuit. 

****** 

(1) Allendale County, — The courts of general sessions for Allendale county 
shall be held at Allendale on the third Monday in April, on the third Monday in 
June and on the third Monday in October, each for one week. The court of common 
pleas for said county shall be held at Allendale on the fourth Monday in April for 
two weeks, and on the second Monday in November for one week. And in addition 
to the terms of court of common pleas above provided for there shall be terms 
of such court during each of the weeks in which there are fixed terms of court 
for the court of general sessions, and immediately upon the conclusion of the 
business of the court of general sessions such court shall open, and the petit jurors 
drawn to serve in the court of general sessions shall serve as petit jurors in the 
court of common pleas and at such terms any and all business may be transacted 

as may be done at any other term of the court of common pleas. 

****** 

1952 (47) 2035. 

CHAPTER 4. 

The Probate Courts. 

Article 2. 
Terms, Jurisdiction, Procedure, Etc. 

§ 15-444. Jurisdiction of judges. 

Every judge of probate, in his county, shall have jurisdiction in all matters tes- 
tamentary and of administration, in business appertaining to minors, the allotment 
of dower, and cases of mental incompetency. 

1952 (47) 2042. 

§ 15-461. Notice prior to discharge of administrators, etc. ; effect of dis- 
charge. 

Collateral attack on judgment of di<- Fouche, et al, v. Royal Indemnity Co. of 
charge denied for failure of judgment roll N. Y., 217 S. C. 147; 60 S. E. (2d) 73, 
to affirmatively show lack of jurisdiction. (1950). 

CHAPTER 5. 
The County Courts. 

Article 5. 

County Court of Richland County. 

§ 15-764. Jurisdiction. 

Cited. Evans v. Manning, 217 S. C. 10; v. Groover, et al, 219 S. C. 313; 65 S. E. 
59 S. E. (2d) 341, (1950); DeTreville, et al. (2d) 232, (1951). 



§ 15-768 1952 Supplement 50 

§ 15-768. Powers of judge in open court or in chambers. 

May grant bail hereunder. Evans v. Man- (1950). 
ning, 217 S. C. 10; 59 S. E. (2d) 431, 

§ 15-769. Habeas corpus and bail. 

"Habeas corpus" should be given its ac- S. C. 10; 59 S. E. (2d) 431. (1950). 
cepted meaning. Evans v. Manning, 217 

CHAPTER 6. 
Municipal Court. 

Article 1. 
Generally. 
§ 15-915 Appeal to court of general sessions. 

Cited. Town of North Augusta v. Fen- (1952). 
nell, 221 S. C. 112; 69 S. E. (2d) 121, 

CHAPTER 8. 
Children's Courts. 

Article 2. 
Children's Court of Spartanburg County. 
§ 15-1331. Establishment. 

This section not in conflict with §§ 15- S C. 31; 64 S. E. (2d) 19, (1951). 
1378 et seq. Driggers et Ux, v. Jolley, 219 

Article 4. 
Provisions Applicable to All Courts Established under Chapter. 
§ 15-1382. Adoption. 

Under this section consent in adoption And if such consent be given and should 

proceedings, commenced in the Children's later be properly and legally withdrawn, the 

Court of Spartanburg County, is made ab- court has no jurisdiction in the case. Drig- 

solutely essential to confer jurisdiction on gers et Ux. v. Jolley, 219 S. C. 31; 64 S. E. 

that court to make an order of adoption. (2d) 19, (1951). 

CHAPTER 9.1. 
The Civil and Criminal Court of Darlington 

§ 15-1581. Establishment. 

There is hereby established a civil and criminal court for Darlington County 
except that portion of the county formerly known and designated as Pond Hollow 
School District. The court shall be inferior to the circuit court. 

1952 (47) 1982. 

§ 15-1582. Appointment, term and oath of judge. 

The Governor shall appoint a resident attorney at law of Darlington County as 
judge of the civil and criminal court by and with the advice and consent of the 
Senate. Upon his appointment he shall hold office for a term of four years, com- 
mencing on July 1 of each presidential election year and until his successor shall be 
appointed and qualifies. The judge before entering upon the duties of this office shall 
take the same oath of office as required by law of all circuit judges and shall be 
commissioned in the same manner as circuit judges. 

1952 (47) 1982. 



51 Code of Laws of South Carolina, 1952 § 15-1590 

§ 15-1583. Powers and salary of judge. 

He shall possess all the powers in respect to preserving order or punishing for 
contempt of court as possessed by circuit judges except as provided in § 15-1592.1. 
He shall not charge on the facts but shall declare the law only. His salary shall be 
paid by the county in monthly installments. 

1952 (47) 1982. 

§ 15-1584. Office of judge; equipment and supplies. 

The county governing body shall provide suitable office space in the courthouse 
for the judge and all necessary office equipment and supplies. 
1952 (47) 1982. 

§ 15-1585. Judge may act as special referee. 

The judge of the court may act as special referee in such matters as the circuit 
court shall deem advisable to refer to him. 

1952 (47) 1982. 

§ 15-1586. Vacancy; special judge. 

All vacancies in the office of the judge shall be filled by appointment for the un- 
expired term by the Governor in the same manner as herein provided for the 
appointment of the judge for the full term. In case of absence or inability of the 
judge, at the time fixed for holding any term of court, the Governor, upon the 
recommendation of the majority of the Darlington County Bar Association, may 
appoint some other suitable and qualified attorney at law of the Darlington County 
bar to hold the term of court as special judge. 

1952 (47) 1982. 

§15-1587. Clerk; record books. 

The clerk of the circuit court shall be ex officio clerk of the court, and shall keep 
such calendars, minutes and records and the cases pending, and attend and per- 
form the duties as required of him by law as clerk of the circuit court. The costs 
and fees of the clerk in cases in the court shall be the same as those allowed in 
similar cases in the court of common pleas. The County governing body shall pro- 
vide all books necessary for keeping records of the court. 

1952 (47) 1982. 

§ 15-1588. Duties of sheriff; fees. 

The sheriff of the county shall attend upon all sessions of the court, and shall 
execute the orders, writs and mandates as required by law of him in the circuit 
court. The costs and fees of the sheriff in cases in the court shall be the same 
as those allowed in similar cases in the court of common pleas. 

1952 (47) 1982. 

§ 15-1589. Bailiffs. 

The judge may appoint a sufficient number of bailiffs, not to exceed two, to 
attend upon the court, and to be subject to the orders thereof. The bailiffs shall 
have the same power as the constables of the county and shall receive such com- 
pensation as is received by bailiffs in the court of common pleas. 

1952 (47) 1982. 

§ 15-1590. Stenographer. 

The judge shall appoint for the court an official stenographer. 
1952 (47) 1982. 



§ 15-1591 1952 Supplement 52 

§ 15-1591. Court of record; seal; jurisdictional presumption. 

The court shall be one of record except as provided in § 15-1592.1 and have a 
seal inscribed with the words "Civil and Criminal Court of Darlington". The same 
presumption in favor of its jurisdiction and the validity of its judgments and decrees 
shall hold as in the case of judgments rendered by circuit courts. 

1952 (47) 1982. 

§ 15-1592. Civil jurisdiction. 

The court shall have concurrent jurisdiction with the court of common pleas in 
all civil cases and special proceedings, except cases at law where the amount de- 
manded in the complaint exceeds one thousand dollars or when the value of the 
property involved exceeds one thousand dollars, but such jurisdiction shall not 
extend to cases where the title to real estate is in question. The court shall have 
concurrent jurisdiction with the court of common pleas of the county in actions 
relating to divorce from the bonds of matrimony and all matters affecting the 
custody and maintenance of children. 

1952 (47) 1982. 

§ 15-1592.1. Concurrent jurisdiction with magistrates. 

The court shall have concurrent jurisdiction with the courts of magistrates within 
its jurisdictional boundaries and may try all causes botli criminal and civil formerly 
triable by magistrates and in the same manner as to practice, procedure, and drawing 
of jurors and their services. In all matters before the judge under this section, 
his powers, duties and responsibilities shall be those of a magistrate. Appeals in 
matters arising under this section shall be to the circuit court and in the same 
manner as from the courts of magistrate. 

1952 (47) 1982. 

§ 15-1593. Jurisdiction of judge. 

In all cases within the jurisdiction of the court and pending therein, the judge 
shall have the same jurisdiction both in open court and at chambers, as is possessed 
by circuit judges over cases pending in circuit courts over which they are presiding, 
or in the circuits in which they are residents, except as provided in § 15-1592.1. 

1952 (47) 1982. 

§ 15-1594. General provisions applicable; entry of judgments. 

All general laws and statutory provisions applicable generally to the circuit courts 
and trial of cases therein, shall apply to the court and to the conduct and trial of 
cases therein except as provided in § 15-1592.1 ; but any judgment rendered, other 
than that upon the verdict of a jury, may be entered upon the day of such rendition. 

1952 (47) 1982. 

§ 15-1595. Terms. 

The court shall be held at the discretion of the judge at such times as he may 
deem necessary and continue for such time as is required to dispose of the business 
before the court ; however, the court shall always be open for cases and hearings 
such as can be disposed of without a jury. 

1952 (47) 1982. 



S3 Code of Laws of South Carolina, 1952 § 15-1599.2 

§ 15-1596. Pleadings; procedure; practice; evidence. 

The same form of pleadings and the same rules of procedure, practice and 
evidence shall obtain in the court as is provided by law for the trial of civil cases 
in the circuit courts, except as provided in § 15-1592.1. 

1952 (47) 19S2. 

§ 15-1597. Jury trial. 

Either party may demand a jury trial in such cases in which a trial by jury 
is granted as a right under the Constitution and laws of this State, but such demand 
must be made on or before the first day of the term, or upon the call of the calendar 
on the first day of the term, and the failure to make such demand shall be a waiver 
of the right, where not inconsistent with this chapter. 

1952 (47) 1982. 

§ 15-1598. Jury commissioners. 

The board of jury commissioners as constituted by law for the drawing of the 
jurors for the circuit court shall constitute the board of jury commissioners for 
the drawing of jurors to attend the sessions of the court except as provided in 
§ 15-1592.1. 

1952 (47) 1982. 

§ 15-1599. Drawing and summoning jurors. 

The commissioners shall, upon the order of the court at such times as shall be 
fixed and after five days notice of such drawing, draw a panel of petit jurors from 
the jury box, whether a jury has been previously drawn or not, and shall im- 
mediately issue to the sheriff a venire containing the names of the persons drawn 
as petit jurors, which venire shall be returnable at such times as may be named 
by the court, and the persons so served shall be the jurors, and the law relating 
to the qualification, drawing and summoning of jurors of the circuit court, shall 
apply, except as otherwise provided in this section. Not more than eighteen persons 
shall be drawn and summoned to attend at the same time at any session of the 
court, unless the court shall order otherwise. 

1952 (47) 1982. 

§ 15-1599.1. Service as jurors; strikes. 

Jurors drawn and summoned shall appear and attend upon the sessions of the 
court for which summoned until excused or discharged by the judge. Service as 
a juror in the court shall not be held to exempt a juror from service as such in 
the circuit court in the same year, nor shall a juror be required to serve in such 
court more than once in the same year. 

The plaintiff and defendant in a cause shall, each, be allowed to strike three 
jurors, from a panel of twelve to be prepared from the venire by the clerk so that 
the number of jurors remaining shall be six who shall try the case or cause. 

1952 (47) 1982. 

§ 15-1599.2. Pay of jurors and witnesses. 

Jurors in attendance shall receive as compensation for their services the same 
per diem and mileage as is allowed jurors in the circuit court and witnesses in 
attendance shall receive the same compensation as witnesses in attendance upon 
the circuit court except as provided in § 15-1592.1. 

1952 (47) 1982. 



§ 15-1599.3 1952 Supplement 54 

§ 15-1599.3. Appeal. 

In all cases of which the court shall have jurisdiction except as provided in § 15- 
1592.1, the right of appeal shall be to the circuit court, in the same manner and 
pursuant to the same rules, practices and procedures as govern appeals from cir- 
cuit courts, except that the record need not be printed. 
1952 (47) 1982. 

CHAPTER 10. 
The Civil Court of Florence. 
§ 15-1602.1. Salary. 

The judge shall receive as compensation the sum of seventy-five hundred dollars 
per annum, to be paid in monthly installments by the county treasurer upon the 
warrant of the county governing body. 
1952 (47) 2143. 

CHAPTER 13. 
Stenographers, Auctioneers, Bailiffs and Other Court Attaches. 

Article 1. 
Court Stenographers and Auctioneers. 

§ 15-1913. Auctioneer of Pickens County. 

The auctioneer for Pickens County shall be appointed by the Governor upon 
the recommendation of a majority of the members of the county legislative delega- 
tion, and shall serve for two years and until his successor shall have been appointed 
as provided for herein. He shall act as auctioneer in all judicial sales, tax sales 
or sales under levy and execution. He shall receive as compensation for his serv- 
ices the sum of three dollars for conducting each sale, which shall be taxed as 
other costs in the action or proceeding are taxed. In the event that the auctioneer is 
disqualified or incapacitated to conduct any sale, he may designate some person to 
act in his place and stead. 

1952 (47) 2133. 

Title 16. 

Crimes and Offenses. 

CHAPTER 2. 
Offenses Against the Person. 

Article 1. 
Homicide. 
§ 16-51. Murder denned. 

Malice is an essential ingredient of mur- Self defense. State v. Griggs, 218 S. C. 

der. In law, malice is a term of art, import- 86' 615 S. E. (2d) 653, 1950. 

ing wickedness and excluding a just cause Insanity. State v. Gardner 219 S. C. 97; 

of excuse. Malice need not exist for any 64 S. E. (2d) 130, (1951): State v. Lewis, 

particular length of time prior to the killing. 71 S. C. 491; 71 S. E. (2d) 308. (1952). 

State v. Harvey, 220 S. C. 506; 68 S. E. Confession. The State v. Harvey, 220 

(2d) 409, (1951). S. C. 506; 68 S. E. (2,1) 409. (1951). 

Unlawful act as primary cause of death. Res gestae. The State v. Cox, 221 S. C. 

State v. Doe. 218 S. C. 520; '.3 S. E. (2d) 1; 68 S. E. (2d) 624, (1951). 

3113. i 1951). State v. Rilev, 219 S. C. 112, Solicitor's remarks to jury. Id. 

64 S I''.. (2d) 127 (1951). Evidence. The State v. Blassingame, 221 

Defense of home. The State v. Jamison, S. C. 169; 69 S. E. (2d) 601, (1952). 

221 S. C. 312: 70 S. E. (2d) 342, (1952). Circumstantial evidence. The State v. 



55 Code of Laws of South Carolina, 1952 § 16-312 

Smith, 220 S. C. 224; 67 S. E. (2d) 82, See Generally The State v. Green, 220 S. 

(1951). C. 315; 67 S. E. (2d) 509, (1951). 

Revelation by jury of its standing as to Stated. The State v. Harvey, 220 S. C. 

possible verdicts. State v. Middleton, 218 506; 68 S. E. (2d) 509, (1951). 
S. C. 452; 63 S. E. (2d) 163, (1951). 

§ 16-55. Manslaughter. 

Voluntary manslaughter is usually de- making a recommendation to him as to the 

fined as the lawful killing of a human be- quantum of punishment to be imposed. The 

ing in sudden heat of passion upon a suffi- State v. Green, 220 S. C. 315; 67 S. E. (2d) 

cient legal provocation. Where death is 509, (1951). 

caused by the use of a deadly weapon, Degree of negligence required to con- 
words alone, however opprobrious, are not vict. State v. Barnett, 218 S. C. 415; 63 S. 
sufficient to constitute a legal provocation. E. (2d) 57, (1951). 

The State v. Harvey, 220 S. C. 506; 68 S. E. See Generally State v. Ramey, 217 S. C. 

(2d) 409, (1951). " 132; 60 S. E. (2d) 66, (1950); State v. 

Duty when judge's charge incomplete. Gardner, 219 S. C. 97; 64 S. E. (2d) 130, 

State v. Napier, 220 S. C. 320; 62 S. E. (1951-. 

(2d) 793, (1950). Cited. State v. Barnett, 218 S. C. 415; 

It is error for judge to request jury to 63 S. E. (2d) 57, (1951). 
return to jury room for the purpose of 

Article 4. 

Rape, Abortion, etc. 

§ 16-71. Rape. 

Emission is not necessary to be proven. Circumstantial evidence. State v. Wil- 

The State v. Wvatt, 221 S. C. 407; 70 S. E. kins, 217 S. C. 105; 59 S. E. (2d) 853, 
(2d) 635, (1952). (1950). 

§ 16-72. Punishment for rape or assault with intent to ravish. 

Facts to sufficiently convict. State v. (1950). 
Wilkins, 217 S. C. 105; 59 S. E. (2d) 853, 

§ 16-82. Death resulting from abortion. 

Cited. Evans v. Manning, 217 S. C. 10; 59 S. E. (2d) 341, (1950). 

CHAPTER 3. 
Offenses Against the Peace. 

Article 4. 
Other Offenses Connected until JVcapons. 
§ 16-141. Pointing pistol or gun at any person. 

Cited. Hendrix v. Employers Mut. Lia- plovers Mutual Liability Ins. Co. of Wis. 
bility Ins. Co., 98 F. Supp. 84 (1951); Em- v. Hendrix, 199 F. 2d 53, (1952). 

CHAPTER 5. 
Offenses Against Property. 

Article 1. 
General Provisions. 

§ 16-302. Making, mending or possessing tools, etc., to be employed in crime. 
Cited. The State v. Nicholson, 221 S. C. 472; 71 S. E. (2d) 306, (1952). 

Article 2. 
Arson and Other Offenses Involving Fire. 

§ 16-312. Burning building not subject of arson. 

It is not necessary that an indictment ex- apply. The State v. Blackwell, et al, 220 
pressly_ charge conspiracy in order that S. C. 342; 67 S. E. (2d) 634, (1951). 
this principle of the law of evidence shall 



§ 16-332 1952 Supplement 56 

Article 3. 
Burglary, Housebreaking, Robbery, etc. 
§ 16-332. Housebreaking which is not burglary. 

This section creates two distinct and dif- indictment, the solicitor may be required to 

ferent offenses, though both belong to the elect upon which he will go to trial. The 

same class of felonies, and are punishable State v. Sweat, et al, 221 S. C. 270; 70 S. E. 

in the same way; and where both offenses (2d) 234, (1952). 
are charged in separate counts in the same 

Article 4. 
Forgery, Larceny, Embezzlement, Obtaining Money Under False Pretenses, etc. 
§ 16-362. Receiving stolen goods. 

The buying or receiving of stolen goods commits larceny cannot be adjudged guilty 

knowing the same to have been stolen, is of criminally receiving the property stolen, 

a separate substantive offense under this The State v. Sweat, et al, 221 S. C. 270; 70 

section. It is an accepted rule that one who S. E. (2d) 234, (1952). 

CHAPTER 6. 
Habeas Corpus. 

§ 16-364. Person discharged not to be re-arrested, etc. ; penalty for so doing. 

Stated. The State v. Clough, 220 S. C. 390; 68 S. E. (2d) 329, (1951). 

CHAPTER 7. 
Offenses Against Public Policy. 

Article 1. 
Gambling, Lotteries, etc. 
§ 16-501. Setting up lotteries. 

Cited as to penalty. The State v. Fergu- Cited. State v. Mclntire et al, 221 S. C. 

son, et al, 221 S. C. 300; 70 S. E. (2d) 355, 504; 71 S. E. (2d) 410, (1952). 
(1952). 

Title 17. 
Criminal Procedure. 

CHAPTER 6. 
Habeas Corpus. 
§ 17-361. Notice to be given to attorney general, etc. 

Cited. State v. Wilson, 219 S. C. 139; 64 S. E. (2d) 400. 

CHAPTER 7. 
Indictments. 

§ 17-402. What allegations sufficient for indictment. 

Cited. State v. Mclntire, 221 S. C. 504; 71 S. E. (2d) 410, (1952). 

§ 17-409. How defects in indictments may be objected to. 

The proper time to raise objections here- tion to quash the indictment. The State v. 
under is prior to the swearing of the jury, McAbee, 220 S. C. 272; 67 S. E. (2d) 417, 
objection to be taken by demurrer or mo- (1951). 

§ 17-410. Amendments of indictments. 

Applied. The State v. Sweat, et al, 221 S. C. 270; 70 S. E. (2d) 234, (1952). 



57 Code of Laws of South Carolina, 1952 § 1S-71 

CHAPTER 8. 
Venue 
§ 17- 

Where a person is injured in one county take to fix exclusive jurisdiction in either 

and dies in another, the person inflicting county. The State v. Howell, 220 S. C. 

such injury may be indicted and tried in 178; 66 S. E. (2d) 701, (1951). 
either county. This section does not under- 

CHAPTER 9. 
Pleading and Trial. 

§ 17-513.1. Examination of witness concerning written statement made to 
public employee. 

No witness in any preliminary hearing or in any criminal judicial proceeding of 
any kind or nature shall be examined or cross-examined by any examiner, solicitor, 
lawyer or prosecuting officer concerning a written statement formerly made and 
given to any person employed by this State, or any county or municipality thereof, 
or any part of any such governing body, unless (a) it is first shown that at the 
time of the making of the statement the witness was given an exact copy of the 
statement and (b) before his examination or cross-examination the witness was 
given a copy of the statement and allowed a reasonable time in which to read it. 

1952 (47) 1977. 

See §§ 1-65 and § 26-7.1. 

CHAPTER 10. 
Judgment and Execution 

§ 17-553. Sentence where no punishment is provided. 

Applied. The State v. Ferguson, et al, Stated. State v. Mclntire, 221 S. C. 504; 

221 S. C. 300; 70 S. E. (2d) 355, (1952). 71 S. E. (2d) 410, (1952). 

Title 18. 
Dams and Drains; Sanitary and Drainage Commissions and Districts. 

Chapter 1. Dams, § 18.8. 

2. Rights of Way for Drainage, § 18-71. 

CHAPTER 1. 
Dams. 

§ 18-8. Same; exceptions for Florence and Pickens Counties. 

In Florence and Pickens Counties the powers conferred by § 18-7 shall apply 
only to millponds and dams. 

1952 (47) 2000. 

CHAPTER 2. 

Rights of Way for Drainage. 

Article 2. 

Commissioners of Drainage and Health in Certain Counties. 

§ 18-71. Commissioners of health and drainage in certain counties. 

The governing body of the counties of Abbeville, Beaufort, Chester, Colleton, 
Dillon, Florence, Greenville, Horry, Laurens, Marion, Marlboro, Oconee, Pickens, 



§ 18-71 1952 Supplement 58 

Spartanburg, Union and York, respectively, may, in addition to the duties other- 
wise imposed on it by law, act as commissioners of health and drainage. 
1952 (47) 2000. 

Title 19. 

Decedents' Estates. 

Chapter 3. Dower, Curtesy and Jointure, § 19-146. 

6. Personal Representatives and Administration of Estates, § 19-483. 

CHAPTER 2. 
Descent and Distribution. 
§ 19-52. Distribution of property in case of intestacy. 

Under (6) relatives more remote than the half hlood, except in the specific in- 

children of deceased uncles or aunts are ex- stances enumerated. Kinard, Admx. v. 

eluded. Kinard, Admx. v. Moore, et al, 220 Moore, et al, 220 S. C. 376; 68 S. E. (2d) 

S. C. 376: 68 S. E. (2d) 321. (1951). 321. (1951). 

There is no postponement of relatives of 

CHAPTER 3. 
Dower, Curtesy and Jointure. 

Article 4. 
Barring Dower oj Insane Wije. 

§ 19-146. Proceedings as to certain old deeds to bar dower. 

For the purpose of divesting the rights of dower, now outstanding in real estate 
granted, sold, aliened, mortgaged or otherwise incumbered prior to December 23 
1885 of the mentally incompetent wife of any married man, the procedure outlined 
in §§ 19-141 to 19-143 shall be followed. In case of the loss of the original deed 
the certificate by the probate judge shall be indorsed across the record in the office 
where the original was recorded. 

1952 (47) 2042. 

CHAPTER 4. 

Wills. 

Article 3. 
Construction and Effect. 

§ 19-231. Property acquired after execution of will. 

Cited. Cornelson, et al v. Vance, et al, 220 S. C. 47; 66 S. E. (2d) 421, (1951). 

§ 19-286. Foreign probates admitted to probate upon exemplification. 

This statute authorizes any interested state, that if a foreign will has been proved 

party, under proper circumstances, to con- in solemn form in the courts of decedent's 

test the validity of a foreign will admitted domicile, such an adjudication w-ould be 

to probate in common form in this state conclusive here. Ibid. 

even though the property situated in this Where there is a contest as to the validity 

State consists only of personalty. Collins of a will transmitting personal property Io- 

et al, v. Collins et al, 219 S. C. 1 ; 63 S. E. cated in two or more states, the courts in 

(2d) 811. the ancillary jurisdiction should stay any 

The courts of this state do not have jur- proceedings instituted there affecting the 

isdiction to determine the validity of a for- validity of the instrument until the courts of 

eign will in so far as it relates to personal the domiciliary jurisdiction have had a rea- 

property located in the state of the testa- sonable opportunity to determine the ques- 

tor's domicile. Id. tion, particularly where a similar rule is 

The statute clearly contemplates, certain- followed by the courts of the testator's 

ly as to personal property situated in this domicile. Ibid. 



59 Code of Laws of South Carolina, 1952 § 20-30 

CHAPTER 6. 
Personal Representatives and Administration of Estates. 

Article 4. 
Payment or Compromise of Debts. 

§ 19-483. Limitation of suits on disallowed claims. 

When any claim against the estate of a decedent has been or shall be filed ( 1 ) in 
the probate court in which such estate is being administered or (2) with the execu- 
tor or administrator of such estate ; and such claimant, or his attorney who filed 
such claim, shall have received notice in writing, either from (a) such probate 
court that such claim has been disallowed or (b) the executor or administrator of 
such estate, or the attorney for such executor or administrator, that such claim 
is denied and will be contested ; then such claim shall be forever barred unless within 
six months after receipt of such notice action shall be brought to enforce such claim. 

1952 (47) 2147. 

Article 10. 

Nonresidents as Representatives; Foreign Representative. 

§ 19-591. Requirements for nonresident to act as representative; foreign 
testamentary trustee. 

Nonresident administrator of resident es- purpose of diversity jurisdiction. Mason v. 
tate cannot be considered a resident for Helms, et al, 97 F. Supp. 312 (1951). 

Title 20. 
Domestic Relations. 

Chapter 1. Marriage, § 20-28. 
2. Divorce, §20-101. 
4. Custody, Care and Support, § 20-301. 

CHAPTER 1. 
Marriage. 

Article 2. 
Marriage License. 
§ 20-23. Issue of license. 

Variation of license fee in a county. Dil- Cited. Baker v. Allen, et al, 220 S. C. 

Ion County v. Maryland Cas. Co., et al, 217 141; 66 S. E. (2d) 618, (1951). 
S. C. 66; 59 S. E. (2d) 640, (1950). 

§ 20-28. Probate judge to keep record; certified copies. 

See § 44-660 for free certified copy. 

§ 20-30. Special provisions for Dillon County. 

Section held not unconstitutional. Dillon Casualty Co., et al, 220 S. C. 204; 67 S. E. 

Countv v. Maryland Cas. Co., et al, 217 (2d) 306, (1951). 

S. C. 66; 59 S. E. (2d) 640, (1950). Cited. Baker v. Allen, et al. 220 S. C. 

Cited. County of Dillon v. Maryland 141; 66 S. E. (2d) 61S, (1951). 



3 20-101 1952 Supplement 60 

CHAPTER 2. 
Divorce. 

Article 1. 
Divorces in this State. 
§ 20-101. Grounds for divorce. 

No divorce from the bonds of matrimony shall be granted except upon one or 
more of the following grounds : 

(1) Adultery; 

(2) Desertion for a period of one year ; 

(3) Physical cruelty; or 

(4) Habitual drunkenness ; provided, that this ground shall be construed to in- 
clude habitual drunkenness caused by the use of any narcotic drug. 

1952 (47) 2142. 

See notes under Art , § . . . ., State Departure of spouse on mutual agreement 

Constitution. is not desertion. 

Desertion. Wolfe v. Wolfe, 220 S. C. Cohabitation terminates desertion. Id. 

437; 68 S. E. (2d) 348, (1951); Machado v. Machado v. Machado, 220 S. C. 90; 66 
Machado, 220 S. C. 90; 66 S. E. (2d) 629, S. E. (2d) 629, (1951). 
(1951). 

§ 20-106. Venue. 

A divorce action may be brought in the Thomas, 218 S. C. 235; 62 S. E. (2d) 307, 
county in which the parties last resided to- (1950). 
gether as husband and wife. Thomas v. 

§ 20-112. Alimony; suit money. 

Allowance of temporary alimony and C. 391; 70 S. E. (2d) 625, (1952). 
counsel fees. Poliakoff v. Poliakoff, 221 S. 

§ 20-113. Award of alimony, etc. 

This section does not abrogate or impair Machado v. Machado, 220 S. C. 90; 66 S. E. 
the original inherent power of equity to (2d) 629, (1951). 
grant alimony independent of a divorce. 

§ 20-113.1. Allowance of alimony and suit money in divorce actions a mensa 
et thoro. 

Separate maintenance may be granted Cited. Machado v. Machado, 220 S. C. 

when divorce is denied. Machado v. Macha- 90; 66 S. E. (2d) 629, (1951). 
do, 220 S. C. 90; 66 S. E. (2d) 629, (1951). 

§ 20-115. Care, custody and maintenance of children. 

Applied. Wolfe v. Wolfe, 220 S. C. 437; (1952). 
68 S. E. (2d) 348, (1951); Poliakoff v. Poli- Applied. Machado v. Machado, 220 S. C. 

akoff, 221 S. C. 391; 70 S. E. (2d) 625, 90; 66 S. E. (2d) 629, (1951). 

CHAPTER 4. 
Custody, Care and Support. 

Article 1. 
General Provisions 

§ 20-301. Ill-treating children, apprentices, etc. 

Whoever, being legally liable, either as parent, guardian, master or mistress, to 
provide for any child, apprentice, servant, mentally incompetent or helpless person 
necessary food, clothing, lodging, medical treatment or other treatment as recog- 
nized by § 56-1354 shall wilfully and without lawful excuse refuse or neglect to 
provide for the same or shall unlawfully and maliciously do or cause to be done any 



61 Code of Laws of South Carolina, 1952 § 20-203 

bodily harm to any such child, apprentice, servant, mentally incompetent or helpless 
person so that the life of such child, apprentice, servant, mentally incompetent or 
helpless person shall be endangered or the health or comfort of such child, ap- 
prentice, servant, mentally incompetent or helpless person shall have been or is 
likly to be permanently injured shall be guilty of a misdemeanor and, upon con- 
viction thereof, shall be fined not less than two hundred dollars or imprisoned for 
not exceeding two years, with or without hard labor, one or both, at the discretion 
of the court. 
1952 (47) 2042. 

§ 20-303. Husband's obligation to support wife and children. 

This section was intended, to protect a there is a minor unmarried child or children 

childless wife, and if there were children of is but one offense under the statute, and 

the marriage, the wife and such child or only one sentence can be imposed. The 

children. The State v. Caldwell, 220 S. C. State v. Caldwll, 220 S. C. 301; 67 S. E. 

301; 67 S. E. (2d) 421, (1951). (2d) 421, (1951). 

Whether a defendant fails to furnish the State v. Coins, 122 S. C. 192; 115 S. E. 

necessaries of life to either his wife if she (2d) 232, upheld in State v. Sutherland, 217 

be living or to his minor unmarried child S. C. 259; 60 S. E. (2d) 591, (1950). 
or children or both if the wife be living and 

Title 21. 
Education. 

Chapter 5. County Boards of Education, § 21-101a. 

6. School Districts, § 21-131. 

12. Textbooks, § 21-593. 

14. Pupils, § 21-838.1. 

15. Financial Matters, § 21-915. 

16. Abbeville County, § 21-1011. 

17. Aiken County, § 21-1031. 

18. Allendale County, § 21-1101. 

19. Anderson County, § 21-1152. 
21. Barnwell County, § 21-1351. 

23. Berkeley County, § 21-1453. 

24. Calhoun County, § 21-1549. 

25. Charleston County, § 21-1636.1. 

26. Cherokee County, § 21-1703. 

28. Chesterfield County, § 21-1882.1. 

30. Colleton County, § 21-2179.1. 

31. Darlington County, § 21-2254.1. 

32. Dillon County, § 21-2401. 

35. Fairfield County, § 21-2578. 

36. Florence County, § 21-2651. 

38. Greenville County, § 21-2821. 

39. Greenwood County, § 21-2901. 

41. Horry County, § 21-3031. 

42. Jasper County, § 21-3101. 

43. Kershaw County, § 21-3151. 

44. Lancaster County, § 21-3201. 

45. Laurens County, § 21-3307. 

46. Lee County, § 21-3351. 



§ 21-43 1952 Supplement 62 

47. Lexington County, § 21-3401. 

51. Newberry County, § 21-3599. 

52. Oconee County, § 21-3662. 

53. Orangeburg County, § 21-3707. 

54. Pickens County, § 21-3791. 

55. Richland County, § 21-3881. 

56. Saluda County, § 21-3961. 

57. Spartanburg County, § 21-4001. 

58. Sumter County, § 21-4059. 

59. Union County, § 21-4151. 

60. Williamsburg County, § 21-4201. 

CHAPTER 3. 
State Board of Education. 
§ 21-43. Meetings of Board. 

Quorum required to transact business. Board of Education, 218 S. C. 322; 62 S. E. 

Pettiford v. South Carolina State Board of (2d) 780, (1950). 

Education, 218 S. C. 322; 62 S. E. (2d) 780, Board may consider and act on testimony 

(1950). which was taken by certain of its members 

Delegation of the taking and reporting of not constituting a quorum under a delega- 

testimony to members not constituting a tion of its power. Pettiford v. South Caro- 

quorum is not an unlawful delegation of Una State Board of Education, 218 S. C. 

power. Pettiford v. South Carolina State 322; 62 S. E. (2d) 780, (1950). 

§ 21-45. General powers of Board. 

State Board of Education may grant Board of Education, 218 S. C. 322; 62 S. E. 
teacher's certificate and revoke them for (2d) 780, (1950). 
cause. Pettiford v. South Carolina State 

CHAPTER 3.1. 
State Educational Finance Commission. 

§ 21-52. Establishment. 

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951). 
Roddey v. Byrnes, Governor, et al, 219 S. 

CHAPTER 5. 
County Boards of Education. 

§ 21-101. Appointment and term. 

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951). 
Roddey v. Byrnes, Governor, et al, 219 S. 

§ 21-101a. Eligibility of school employees to be member. 

No employee of a public school system other than the county superintendent 
of education shall be eligible to serve as a member of a county board of education. 

1953 (48) 

CHAPTER 6. 

School Districts. 

Article 2. Article 4. 

School District No. 47, Aiken and Orange- School District No. 10, Beaufort and Jasper 

burg Counties, § 21-131. Counties. 

Article 3. Article 5. 

Gantt School District, Anderson and Green- Kershaw School District, § 21-197. 

ville Counties, § 21-141. 



63 Code of Laws of South Carolina, 1952 § 21-271 

Article 2. 
School District No. 47, Aiken and Orangeburg Counties. 
§ 21-131. Right to portion of Orangeburg County tax. 

Superseded by order of State Educational Finance Commission. 
Article 3. 
Gantt School District, Anderson and Greenville Counties. 
§ 21-141. Administration. 

Superseded by order of State Educational Finance Commission. 

§ 21-142. Tax levy. 

Superseded by order of State Educational Finance Commission. 
Article 4. 
School District No. 10, Beaufort and Jasper Counties. 
§ 21-151. Formation. 

Superseded by order of State Educational Finance Commission. 

§ 21-152. Trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-153. Expense of operation. 

Superseded by order of State Educational Finance Commission. 

§ 21-154. Dissolution. 

Superseded by order of State Educational Finance Commission. 

Article 5. 
Kershaw High School District. 
§ 21-197. Trustees. 

Superseded by order of State Educational Finance Commission. 

CHAPTER 7. 
School Trustees. 
§ 21-230. General powers and duties of school trustees. 

School trustees cannot lease or permit during the school term. Carter, et al v. 
use of school athletic field for playing of Lake City Baseball Club. Inc., et al, 218 
professional or semi-professional baseball S. C. 255: 62 S. E. (2d) 470, (1950). 

CHAPTER 8. 
State Aid for Schools. 

Article 1. 
Teachers' Salaries and Overhead. 

§ 21-257. Aid distributed monthly for teachers holding certificates. 

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951). 
Roddey v. Byrnes, Governor, et al, 219 S. 

Article 2. 
For School Facilities. 

§ 21-271. Definition of capital improvement. 

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951). 
Roddey v. Byrnes, Governor, et al, 219 S. 



§ 21-289 1952 Supplement 64 

§ 21-289. Advances for capital improvements. 

Constitutional. State of S. C. Ex Re!. C. 485; 66 S. E. (2d) 33, (1951). 
Roddey v. Byrnes, Governor, et al, '219 S. 

CHAPTER 14. 
Pupils 

Article 1. 
General Provisions. 

§ 21-751. Mixed schools unlawful. 

This section is not violative of the Four- and U. S. 72 S. Ct. 327 (1952), 

teenth Amendment to the U. S. Constitu- and U. S. 73 S. Ct. 1 (1952). 

tion. Briggs v. Elliott, 98 F. Supp. 529 and U. S. 73 S. Ct. 1 (1952). 

(1951), same case 103 F. Supp. 920, (1952), 

CHAPTER 12. 

Textbooks. 

Article 9. 
School District No. 2, Sumter County. 
§ 21-593. Textbooks ; rent or sell ; titles use. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 

§ 21-593.1. Rental or purchase of textbooks by board. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 

§ 21-593.2. Rules and regulations. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 

§ 21-593.3. School employees cooperate. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 

CHAPTER 14. 
Pupils. 

Article 3.1. 
Transportation by State or State aid for Transportation. 

§ 21-833. Control by Commission. 

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951). 
Roddey v. Byrnes, Governor, et al, 219 S. 

§ 21-838.1. Special arrangements for transportation of pupils living in iso- 
lated areas. 

The Commission may enter into agreements with county boards of education 
whereby pupils living in isolated areas may be transported by special arrange- 
ments when such transportation can be provided at lower cost than by operating 
a regular bus route. 

1953 (48) _ 

Article 4. 

Enrollment and Transfer of Pupils. 

§ 21-852. When payment of tuition, etc., may not be required. 

Constitutional. Mosely v. Welch et al, Mosely v. Welch et al, 218 S. C. 242; 62 
218 S. C. 242; 62 S. E. (2d) 313, (1950). S. E. (2d) 313, (1950). 

"School district adjoining" construed. 



65 Code of Laws of South Carolina, 1952 § 21-1031 

CHAPTER 15. 
Financial Matters 
Article 2. Article 4. 

School Taxes Generally, § 21-915. Claims Against School Funds, § 21-953.1. 

Article 2. 
School Taxes Generally. 

§ 21-915. Same ; petition in Laurens and Williamsburg Counties. 

In Laurens and Williamsburg Counties the elections provided for in § 21-914 
shall be ordered by the county board of education upon the petition of the trustees 
of any school district in the counties. 

1952 (47) 1842. 

§ 21-916. Same ; maximum rate in Horry County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-921. Same; exception in Horry County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to. 1909. 

§ 21-933. Reductions in Greenville County. 

Repealed by 1952 Acts and Joint Resolutions (47 Statutes at Large) pages 2088 to 2091. 

Article 4. 
Claims against School Funds. 
§ 21-953.1. Same; Laurens County School District No. 55. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2100 and 2101 make up this section. 
Article 6. 
State School Bonds. 

§ 21-995. Authority to isssue. 

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951). 
Roddcy v. Byrnes, Governor et al, 219 S. 

CHAPTER 16. 
Abbeville County. 
§ 21-1011. Trustees, School District No. 60. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1702 and 1703 make up this section. 

CHAPTER 17. 
Aiken County 

Article 1. Article 4. 

County Board of Education, § 21-1031. School Districts and School Trustees, 

Article 3. § 21-1061. 

Disbursements, Budgets and Levies Article 5. 

§ 21-1053 Aiken School District No. 1, § 21-1081. 

Article 1. 
County Board oj Education. 
§ 21-1031. Composition. 

All school districts were consolidated into one district. 



§ 21-1035.1 1952 Supplement 66 

§ 21-1035.1. Act as school trustees. 

The county board of education shall, ex officio, be and constitute the board of 
school trustees. Also all duties, powers and functions of the district boards of trus- 
tees are hereby devolved upon the county board of education. 

1952 (47) 2101. 

§ 21-1035.2. Borrow. 

The county board of education may also issue short-term notes in anticipation of 
federal aid, state aid or taxes. 
1952 (47) 2101. 

§ 21-1039. Area boards of education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103 make up this section. 

§ 21-1040. Attendance area budgets ; powers of area boards. 

Provisions from 1952 A. & J. R. (47 St. at L ) pp 2101 to 2103 make up this section. 

Article 3. 
Disbursements, Budgets and Levies. 

§ 21-1053. Special taxes to provide extra funds for school districts. 

Superseded by order of State Educational Finance Commission. 

§ 21-1054. Credits to school districts. 

Superseded by order of State Educational Finance Commission. 

§ 21-1055. Disbursements. 

See §§ 1039 and 1040. 

Article 4. 

School Districts and School Trustees. 
§ 21-1061. Nine school districts. 

Superseded by order of State Educational Finance Commission. 

§ 21-1062. Added territory to bear proportion of bond tax. 

Superseded by order of State Educational Finance Commission. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1063. Appointment and term of trustees for districts. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1064. Election of trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1065. Removal of trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1066. Residence of trustees. 

Repealed by 1952 A. & J. R (47 St. at L.) pp 2101 to 2103. 

§ 21-1067. Duties of boards of school trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1068. Special provisions for certain schools. 

See § 21-1035.1. 

§ 21-1069. Straightening lines of school districts. 

Superseded by order of State Educational Finance Commission. 



67 Code of Laws of South Carolina, 1952 § 21-1105 

Article 5. 
Aiken School District No. 1. 

§ 21-1081. Organization; rules and regulations. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 210J. 

§ 21-1082. Free schools ; nonresident pupils. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1083. Borrowing. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1084. Budgets. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1085. Funds of district; warrants. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103. 

§ 21-1086. Trustees may declare teacher or employee secondary. 

See § 21-1035.1. 

Superseded by order of State Educational Finance Commission. 

§ 21-1087. Secondary teachers or employees to remain such for life. 

Superseded by order of State Educational Finance Commission. 

§ 21-1088. Pay of secondary teacher or employee. 

Superseded by order of State Educational Finance Commission. 

CHAPTER 18. 
Allendale County. 
Article 1. Article 2. 

General Provisions, § 21-1101. Borrowing from Federal Agencies, 

§ 21-1121. 
Article 1. 

General Provisions. 
§ 21-1101. Calling meeting for election of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1102. Conduct of meeting. 

Superseded by order of State Educational Finance Commission. 

§ 21-1103. Appointment of nominees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1104. Vacancies. 

Superseded by order of State Educational Finance Commission. 

§ 21-1105. School district budgets. 

On or before the fifteenth day of March of each year, the trustees of each school 
district shall prepare and file with the county board of education an estimate, in 
itemized form, of the sums of money needed, in their judgment, for the maintenance 
and operation of the schools in their district for the ensuing scholastic year. If any 
board of trustees fail to prepare and file a budgetary statement of the sum of money 
needed for the schools in its district, the county board of education shall prepare and 
file such statement. 

1952 (47) 2092. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) p 2092. 



§ 21-1106 1952 Supplement 68 

§ 21-1106. County board report thereon to legislative delegation. 

Upon the filing of such budgetary statement, the county board of education 
shall consider and review the same, and file with the legislative delegation of the 
county, on or before the first of April next thereafter, a report setting forth its 
determination as to the needs of the schools for the purposes aforementioned. 
Such report shall show all anticipated revenues for maintenance and operating ex- 
penses, other than a property tax, and the amount of the levies on the property 
in the respective districts necessary to raise the needed amounts. At the same time, 
the board shall file a copy of its report with the auditor of the county. All such 
reports shall be filed and kept as permanent records in the office of the county 
superintendent of education. 

1952 (47) 2092. 

§ 21-1106.1. Tax levies. 

Upon consideration thereof, the legislative delegation shall authorize the ad 
valorem tax found necessary in its judgment. Thereafter it shall become the duty 
of the county auditor to levy and the county treasurer to collect a tax on all of the 
property in the respective school districts sufficient to meet the needs of the schools, 
as herein provided. 

1952 (47) 2092. 

§ 21-1107. Use of surplus in current operating account for bonds or interest. 

Allendale County now has only one district. 

§ 21-1108. Use of surplus for other purposes. 

Allendale County now has only one district. 

§ 21-1109. Investment of funds. 

Allendale County now has only one district. 

Article 2. 
Borrowing from Federal Agencies. 
§ 21-1121. Authorization. 

Allendale County now has only one district. 

CHAPTER 19. 
Anderson County. 

Article 1. Article 4. 

County Board and County Superintendent, Elections, § 21-1215. 

§ 21-1152. Article 5. 

Article 2. Financial Matters Generally, § 21-1224. 

School Districts; Attendance; Tuition; Article 6. 

Facilities, § 21-1171. Sinking Fund Commission for School Dis- 

Article 3. tricts, § 21-1236. 
Boards of Trustees, § 21-1192. 

Article 1. 

County Board and County Superintendent. 

§ 21-1152. Board members serve without pay. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1910 and 1911. 

§ 21-1159. Election on school district consolidation. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1915 and 1916 make up this section. 



69 Code of Laws of South Carolina, 1952 § 21-1194 

Article 2. 
School Districts; Attendance; Tuition; Facilities. 
§ 21-1171. High school districts. 

Superseded by order of State Educational Finance Commission. 
Anderson County now has only five districts. 

§ 21-1172. Board may renumber districts. 

Supersed by order of State Educational Finance Commission. 

§ 21-1174. Consolidation of school district with high school district. 

Superseded by order of State Educational Finance Commission. 

§ 21-1175. Common school district ceases on being consolidated. 

Superseded by order of State Educational Finance Commission. 

§ 21-1176. Pupils of certain districts to attend certain high schools. 

Superseded by order of State Educational Finance Commission. 

§ 21-1177. Same; exception. 

Superseded by order of State Educational Finance Commission. 

§ 21-1178. Tuition school districts to pay high school district for high school 
pupils. 

Superseded by order of State Educational Finance Commission. 

§ 21-1179. Tuition high school pupil to pay to attend school of his choice. 

Superseded by order of State Educational Finance Commission. 

Article 3. 
Boards of Trustees. 
§ 21-1192. Appointment. 

The boards of trustees of the school districts shall be appointed by the county 
board of education. 
1952 (47) 2088. 

§ 21-1193. Number. 

Such boards shall be constituted as follows : 

In those districts having a total enrollment in all elementary schools and high 
schools within the district of less than three thousand pupils, the board shall con- 
sist of five members ; 

In those districts having a total enrollment in such schools within the district 
of three thousand pupils or more, but less than six thousand pupils, the board 
shall consist of seven members ; 

In those districts having an enrollment in such schools within the district of 
six thousand pupils or more, the board shall consist of nine members. 

1952 (47) 2088. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) p. 2088. 

§ 21-1194. Terms of incumbents ; election. 

Those trustees elected pursuant to the terms of law shall remain in office until 
the consolidation of the school districts of the county ; after which new trustees for 
the new district or districts shall be appointed as provided for herein. Provided, 
that on petition of one-third of the qualified electors of the school district, the 
county board of education shall call an election for trustees. 

1952 (47) 2088. 

Former section repealed by 1952 A. & J. R. (47 St. at L. p 2088. 



§ 21-1195 1952 Supplement 70 

§ 21-1195. Election of common school trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) p 2088. 

§ 21-1196. Qualification of trustees. 

Superseded in part by order of State Educational Finance Commission. Remainder 
covered in general law. 

§ 21-1197. Boards to elect chairmen. 

Superseded in part by order of State Educational Finance Commission. Remainder 
covered in general law. 

§ 21-1198. Vacancies in boards of trustees. 

Superseded in part by order of State Educational Finance Commission. Remainder 
covered in general law. 

Article 4. 

Elections. 
§ 21-1215. Payment of election expenses. 

All but first sentence superseded by order of State Educational Finance Commission. 
Article 5. 
Financial Matters Generally. 

§ 21-1224. Levy in Anderson County for high school districts caring for in- 
dependent district pupils. 

Superseded by order of State Educational Finance Commission. 

§ 21-1225. Collection of taxes under § 21-1223. 

Reference to § 21-1224 void as said section superseded. 

§ 21-1226. Additional levy in Piedmont School District No. 23. 

Superseded by order of State Educational Finance Commission. 

Article 6. 
Sinking Fund Commission for School Districts. 
§ 21-1236. School District No. 17 exempted. 

Superseded by order of State Educational Finance Commission. 

CHAPTER 21. 
Barnwell County. 
§ 21-1351. Election of trustees now chosen otherwise than by election; excep- 
tion for District No. 45. 

* * * Provided, that all trustees of Barnwell School District No. 45 shall 
be appointed by the county board of education. 
1952 (47) 1845. 

CHAPTER 23. 

Berkeley County. 

Article 1. Article 5. 

General Provisions, § 21-1453. Cross High School District, § 21-1501. 

Article 2. Article 6. 

Election of School Trustees, § 21-1471. Macedonia High School District, § 21-1511. 

Article 3. Article 7. 

Trustees in Certain Districts, § 21-1481. St. Stephens High School District, 

Article 4. § 21-1521. 

Bonneau High School District, § 21-1491. Article 8. 

School District No. 26, § 21-1531. 



71 Code of Laws of South Carolina, 1952 § 21-1492 

Article 1. 
General Provisions. 
§ 21-1453. Attendance areas. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152 make up this section. 
§ 21-1454. Employment of teachers and other employees. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1455. Trustees for areas; appointment; terms. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152 make up this section. 

§ 21-1456. Contracts of teachers et al. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1457. Budgets; tax levies. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152 make up this section. 

§ 21-1459. Enrollment of school children. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 
§ 21-1461. School budgets. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1462. Annual tax. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

Article 2. 
Election of School Trustees. 

§ 21-1471. General provisions for election. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1472. Procedure when no election held. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1473. Vacancy. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

Article 3. 
Trustees in Certain Districts. 

§ 21-1481. Provisions for appointment. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 
§ 21-1482. When such trustees elected. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1483. Term of office of trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 
§ 21-1484. Vacancies. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

Article 4. 
Bonneau High School District. 
§ 21-1491. Creation. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 
§ 21-1492. Trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 



§ 21-1501 1952 Supplement 72 

Article 5. 
Cross High School District. 
§ 21-1501. Creation. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1502. Privileges of districts. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1503. Trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

Article 6. 
Macedonia High School District. 
§ 21-1511. Creation. 

Repealed by 1952 A. & J. R. £47 St. at L.) pp 2151 and 2152. 

§ 21-1512. Trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

Article 7. 
St. Stephens High School District. 
§ 21-1521. Creation. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1522. Trustees ; decision of tie votes. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

§ 21-1523. Powers of trustees ; bond election. 

Repealed by 1952 A. & J. R. £47 St. at L.) pp 2151 and 2152. 

§ 21-1524. Entity of constituent school districts not impaired. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

Article 8. 
School District No. 26. 

§ 21-1531. Created; corporate powers; trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152. 

CHAPTER 24. 
Calhoun County. 

§ 21-1549. Trustees, St. Matthews and Cameron Centralized High School 
Districts. 
Provisions from 1952 A. & J. R. (47 St. at L.) pp 1997 and 1998 make up this section. 

§ 21-1550. Cameron-Lone Star Centralized High School District No. 2-H. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2141 and 2142 make up this section. 

CHAPTER 25. 
Charleston County. 

Article 4. 

School Trustees. 

§ 21-1636.1. Trustees, St. Paul's School District No. 23. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2085 to 2087 make up this section. 



73 Code of Laws of South Carolina, 1952 § 21-1741 

§ 21-1636.2. Trustees, St. John's School District No. 9. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2085 to 2087 make up this section. 

§ 21-1636.3. Trustees, Moultrie School District No. 2. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2085 to 2087 make up this section. 

§ 21-1636.4. Terms of certain trustees. 

Provisions frim 1952 A. & J. R. (47 St. at L.) pp 2085 to 2087 make up this section. 

CHAPTER 26. 
Cherokee County. 
Article 1. Article 5. 

General Provisions, § 21-1703. Blacksburg High School District, § 21-1761. 

Article 3. Article 6. 

School District No. 10, § 21-1721. Limestone School District No. 19, § 21-1771. 

Article 4. 
Gaffney High School District No. 11, 
§21-1741. 

Article 1. 
General Provisions. 
§ 21-1703. Blacksburg Grammar School District No. 9. 

Superseded by order of State Educational Finance Commission. 

Article 3. 
School District No. 10. 
§ 21-1721. Primary election of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1722. Trustee at large and trustees from wards. 

Superseded by order of State Educational Finance Commission. 

§ 21-1723. Qualifications of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1724. Nominations. 

Superseded by order of State Educational Finance Commission. 

§ 21-1725. Conduct of elections. 

Superseded by order of State Educational Finance Commission. 

§ 21-1726. Who eligible to vote. 

Superseded by order of State Educational Finance Commission. 

§ 21-1727. Duties of managers; declaration of result and appointment of 
trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1728. Second election if no candidate receives a majority. 

Superseded by order of State Educational Finance Commission. 
§ 21-1729. Vacancies. 

Superseded by order of State Educational Finance Commission. 

Article 4. 
Gaffney High School District No. 11. 
§ 21-1741. Established. 

Superseded by order of State Educational Finance Commission. 

Cited in Nesbitt et al. v. Gettys et al. 219 S. C. 221, 64 S. E. (2d) 651. 



§ 21-1742 1952 Supplement 74 

§ 21-1742. Right of other districts to consolidate therewith. 

Superseded by order of State Educational Finance Commission. 

§ 21-1743. Number and term of trustees ; vacancies. 

Superseded by order of State Educational Finance Commission. 

§ 21-1744. Election of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1745. General duties and powers of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1746. Buildings; temporary arrangements. 

Superseded by order of State Educational Finance Commission. 

§ 21-1748. Boards of constituent districts to cooperate. 

Superseded by order of State Educational Finance Commission. 

Article 5. 
Blacksburg High School District. 
§ 21-1761. Creation. 

Superseded by order of State Educational Finance Commission. 

§ 21-1762. Trustees of district. 

Superseded by order of State Educational Finance Commission. 

§ 21-1763. Organization of board ; vacancies. 

Superseded by order of State Educational Finance Commission. 

Article 6. 
Limestone District No. 19. 
§ 21-1771. Creation. 

Superseded by order of State Educational Finance Commission. 

§ 21-1772. Abandonment of schools. 

Superseded by order of State Educational Finance Commission. 

§ 21-1773. Trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1774. Indebtedness. 

Superseded by order of State Educational Finance Commission. 

CHAPTER 28. 
Chesterfield County. 

Article 2. Article 8. 

Financial Matters Generally, § 21-1882.1. Jefferson Centralized High School District, 
Article 3. § 21-1991. 

School Districts Generally, § 21-1901. Article 9. 

Article 7. McBee Centralized High School District 

Chesterfield School District No. 18, No. 16, § 21-2001. 

§ 21-1971. Article 10. 

Pageland Centralized High School District, 
§ 21-2021. 
Article 2. 

Financial Matters Generally. 

§ 21-1882.1. Board of education equalization tax ; distribution of board funds. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2110 and 2111 make up this section. 



75 Code of Laws of South Carolina, 1952 § 21-2002 

Article 3. 
School Districts Generally. 
§ 21-1901. Election of school trustees. 

School districts consolidated into four districts. 

§ 21-1901.1. Trustees for consolidated school districts. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2111 and 2112 make up this section. 

§ 21-1902. Vacancies and removals. 

Superseded by order of State Educational Finance Commission. 

§ 21-1904. Plats of several school districts. 

Superseded by order of State Educational Finance Commission. 

Article 7. 
Chesterfield School District No. 18. 
§ 21-1971. Trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-1972. When trustees may be elected. 

Superseded by order of State Educational Finance Commission. 

§ 21-1973. How election held; canvass of results. 

Superseded by order of State Educational Finance Commission. 

§ 21-1974. Appointment of trustees elected ; terms of office. 

Superseded by order of State Educational Finance Commission. 

§ 21-1975. Officers. 

Superseded by order of State Educational Finance Commission. 

§ 21-1976. Records of proceedings. 

Superseded by order of State Educational Finance Commission. 

§ 21-1977. Acts not binding until recorded. 

Superseded by order of State Educational Finance Commission. 

§ 21-1978. Records public. 

Superseded by order of State Educational Finance Commission. 

Article 8. 
Jefferson Centralized High School District. 
§ 21-1991. Area. 

Superseded by order of State Educational Finance Commission. 

§ 21-1992. Trustee from District No. 24. 

Superseded by order of State Educational Finance Commission. 

§ 21-1993. District incorporated. 

Superseded by order of State Educational Finance Commission. 

Article 9. 
McBce Centralised High School District No. 16. 
§ 21-2001. Establishment. 

Superseded by order of State Educational Finance Commission. 

§ 21-2002. Number and qualifications of trustees; terms. 

Superseded by order of State Educational Finance Commission. 



§ 21-2003 1952 Supplement 76 

§ 21-2003. Terms. 

Superseded by order of State Educational Finance Commission. 

§ 21-2003.1. Election of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-2004. Chairman and clerk. 

Superseded by order of State Educational Finance Commission. 

§ 21-2005. General powers of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-2006. High school building. 

Superseded by order of State Educational Finance Commission. 

§ 21-2007. Apportionment of expenses. 

Superseded by order of State Educational Finance Commission. 

§ 21-2008. Taxes. 

Superseded by order of State Educational Finance Commission. 
Article 10. 
Pageland Centralised High School District. 
§ 21-2021. Creation. 

Superseded by order of State Educational Finance Commission. 

§ 21-2022. Trustees. 

Superseded by order of State Educational Finance Commission. 
§ 21-2023. Tax for support of school. 

Superseded by order of State Educational Finance Commission. 

§ 21-2024. Approval of budget. 

Superseded by order of State Educational Finance Commission. 

§ 21-2025. Levies to be uniform. 

Superseded by order of State Educational Finance Commission. 

CHAPTER 30. 
Colleton County. 
§ 21-2179.1. Election and terms of trustees, Colleton County. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2037 to 2039 make up this section. 

§ 21-2187. Disbursements. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2039 and 2040 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2039 and 2040. 

CHAPTER 31. 

Darlington County. 

Article 1. Article 5. 

Board of Education, § 21-2254.1. Aid for Weak Schools, § 21-2301. 

Article 1. 
Board of Education. 

§ 21-2254.1. Determine school tax levy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2024 and 2025 make up this section. 



77 Code of Laws of South Carolina, 1952 § 21-2582 

Article 5. 
Aid for Weak Schools. 

§ 21-2301. Tax for weak grammar schools. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2024 and 2025. 

§ 21-2302. Tax for weak high schools. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2024 and 2025. 

CHAPTER 32. 
Dillon County. 
Article 1. Article 4. 

County Superintendent, County Board and Centralized School District, § 21-2401. 

school Trustees, § 21-2341. 

Article 1. 

County Superintendent, County Board and School Trustees. 
§ 21-2341. County board of education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1874 and 1875 and 1953 A. & J. R. 
(48 St. at L.) pp 1 & 2 make up this section. 

Article 4. 
Centralised School Districts. 
§ 21-2401. Created. 

Provisions from 1952 A. & J. R. (47 St. at L-l pp 1719 to 1721 make up this section. 

§ 21-2402. Establishment of schools. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721. 

§ 21-2403. Trustees. 

Provisions from 1952 A. & J. R. (47 St. at h.) pp 1719 to 1721 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721. 

§ 21-2404. Powers of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L,.) pp 1719 to 1721 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721. 

§ 21-2411. Tax rate uniform. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721. 

CHAPTER 35. 
Fairfield County. 

§ 21-2578. School districts consolidated. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2579. Body politic and corporate. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 

§ 21-2580. Board of trustees; appointment; term; vacancy; duties devolved 
on. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 

§ 21-2581. Meetings; pay. 

Provisions from 1952 A. & J. R. (47 St. at L.} pp 2008 to 2014 make up this section. 

§ 21-2582. Duties and powers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 



§ 21-2583 1952 Supplement 78 

§ 21-2583. Reports. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 

§ 21-2591. Compensation of members of county board. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2592. Organization; meetings. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2593. Duties and powers of county board. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2595. Contracts; purchases. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2596. County superintendent; appointment and qualifications. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2597. Duties and powers of superintendent. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2600. Local area advisory trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 

§ 21-2601. Budgets. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 

§ 21-2611. Payment of former district bonds. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2617. Tax levies. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2618. Deposit and disbursement of school funds. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2619. District financing and receiving fund unit. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014. 

§ 21-2620. Issuance of bonds. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 

§ 21-2621. Property vested in. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section. 

CHAPTER 36. 
Florence County. 

§ 21-2651. County board of education. 

1952 (47) p 1710 amended this section. 

§ 21-2653. Number and terms of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1707 and 1708 make up this section. 

§ 21-2653.1. Election of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pj> 2001 and 2002 make up this section. 

§ 21-2655. Annual school district meetings. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2001 and 2002 make up this section. 



79 Code of Laws of South Carolina, 1952 § 21-2914 

§ 21-2655.1. Budgets. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2001 and 2002 make up this section. 

§ 21-2657. Tax levy; collection. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2001 and 2002 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp. 2001 and 2002. 

CHAPTER 38. 
Greenvile County. 
§ 21-2821. Trustees, Greenville County school district No. 520. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2103 and 2104 make up this section. 

§ 21-2831. Budgets. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091. 

§ 21-2832. Preparation of budget. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091. 

§ 21-2832.1. Tax levies in District No. 520. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091. 

§ 21-2836. Transfer surplus bond funds. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091 make up this section. 

§ 21-2838. Payment of school claims by District No. 520. 

Provisions from 1952 A. & J. R. (47 St. at L.) p 1883 make up this section. 

CHAPTER 39. 

Greenwood County. 

School Trustees, § 21-2901. School District No. 18, § 21-2921 

Article 2. 
School District No. 13, § 21-2911. 

Article 1. 

School Trustees. 
§ 21-2901. Election of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-2910. Trustees, Greenwood-Ninety Six School District No. 50; appoint- 
ment; terms; election; vacancy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2145 and 2146 make up this section. 

Article 2. 
School District No. 13. 
§ 21-2911. Number of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-2912. Appointment and term of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-2913. Election instead of appointment. 

Superseded by order of State Educational Finance Commission. 

§ 21-2914. Vacancies. 

Superseded by order of State Educational Finance Commission. 



§ 21-2921 1952 Supplement 80 

Article 3. 
School District No. 18. 
§ 21-2921. Trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-2922. When elected. 

Superseded by order of State Educational Finance Commission. 

§ 21-2923. Conduct of election. 

Superseded by order of State Educational Finance Commission. 

§ 21-2924. Vacancies. 

Superseded by order of State Educational Finance Commission. 

§ 21-2925. Officers; report; records public. 

Superseded by order of State Educational Finance Commission. 

CHAPTER 41. 
Horry County. 
Article 1. Article 3. 

General Provisions, § 21-3031. Hickory Hill School District No. 38, 

Article 2. § 21-3081. 

High School District, § 21-3061. 

Article 1. 
General Provisions. 

§ 21-3031. County board of education; appointment; terms; vacancy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section. 

§ 21-3032. Officers; meetings; travel. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section. 

§ 21-3033. Duties and powers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section. 

§ 21-3041. Superintendent of education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section. 

§ 21-3053. Advisory boards of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-3054. High school superintendents, etc. to supervise grammar schools. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-3055. Budgets; taxes. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section. 

§ 21-3056. Levy and collection of taxes; records; disbursements. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section. 

§ 21-3057. Use of surplus bond retirement funds. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-3058. County unit for financing and receiving funds. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section. 
Article 2. 
High School Districts. 
§ 21-3061. Composition. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 



81 Code of Laws of South Carolina, 1952 § 21-3112 

§ 21-3062. Additional high school districts. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-3063. Transfer of local districts to other high school districts. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-3064. Transfer of pupils. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-3065. Appointment of trustees; vacancy. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-3066. Budget and levy. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 
Article 3. 
Hickory Hill School District No. 38. 

§ 21-3081. School trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

§ 21-3082. Division of revenue. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909. 

CHAPTER 42. 
Jasper County. 

§ 21-3101. One school district; trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) p 2081 make up this section. 

§ 21-3103. School districts. 

Repealed by 1952 A. & J. R. (47 St. at L.) p 2081. 

§ 21-3104. Contracts. 

Provisions from 1952 A. & J. R. (47 St. at L.) p 2081 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) p 2081. 

§ 21-3107. Preparation and approval of school district budgets. 

See § 21-3111 herewith. 

§ 21-3108. Levy and collection of taxes to meet budgets. 

1952 (47) pp 2121 to 2123 amended this section. 

§ 21-3109. Borrowing to meet budgets. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2121 to 2123 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2121 to 2123. 

§ 21-3110. Expenditures. 

See § 21-3101 herewith. 

§ 21-3111. Claims in excess of budget void ; not to pay such claims ; transfer 

of budget items. 

1952 (47) pp 2121 to 2123 amended this section. 
See § 21-3101. 

§ 21-3112. Penalties. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2121 to 2123 make up this section. 



§ 21-3151 1952 Supplement 82 

CHAPTER 43. 
Kershaw County. 

§ 21-3151. School trustees; election; terms. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3152. Trustees; meetings; pay. 

Provisions from 1952 A. & J. R. (47 St. at L.) PP 1919 to 1923 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3153. Duties and powers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3154. Officers and meetings. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3155. Superintendent of education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3156. General duty of board. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3159. Board's objective in providing school financing. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3160. Duties and powers of county superintendent of education. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3161. Attendance areas; local area trustees. 

Provisions from 1952 A. & J. R. (47 St. at L ) pp 1919 to 1923 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3162. High school district trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3163. Terms of office. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3164. Trustees of School District No. 1. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3165. Election of school trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3166. Superintendent of schools. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3167. Powers of high school district boards. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3168. Budgets. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3169. Sums set aside for payment of teachers' salaries. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3170. Contracts and expenditures limited to budgets. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3171. Incidental fund. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 



83 Code of Laws of South Carolina, 1952 § 21-3224 

§ 21-3172. Levy and collection of taxes to meet budgets. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3173. Apportionment of receipts from tax levy. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3174. Credit of funds received for school purposes. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3175. Additional district levy to meet indebtedness. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

§ 21-3176. Treasurer to report on bonds, etc. 

1952 (47) pp 1919 to 1923 amended this section. 

§ 21-3177. Borrowing by boards. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923. 

CHAPTER 44. 

Lancaster County. 

Article 1. Article 5. 

General Provisions, § 21-3201. Financial Matters, § 21-3251. 

Article 2. Article 6. 

County Superintendent and Supervisor of Buford, Flat Creek and Indian Land High 

Schools, § 21-3211. School Districts, § 21-3281. 

Article 3. Article 7. 

County Board of Education, § 21-3221. Consolidated School District No. 30, 

Article 4. § 21-3291. 

School Trustees, § 21-3241. 

Article 1. 

General Provisions. 
§ 21-3201. The School District of Lancaster County. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3202. Supervision of grammar schools. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3203. Boards of visitors. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

Article 2. 

County Superintendent and Supervisor of Schools. 

§ 21-3211. Superintendent of education. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3212. Superintendent of education; election; term; purchases. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

Article 3. 
County Board of Education 

§ 21-3221. Board of education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3224. Chairman of county board. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 



§ 21-3225 1952 Supplement 84 

§ 21-3225. Meetings; quorum. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3227. Duties and powers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3228. Properties; acquisition; sale. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 

Article 4. 
School Trustees. 
§ 21-3241. School trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3242. Vacancies. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3243. Duties and powers of trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

Article 5. 
Financial Matters. 
§ 21-3251. Auditor report assessed values. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3252. Budgets. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section. 

§ 21-3253. Annual tax to operate schools. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3255. Levies for deficits. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3261. Taxes; collection and disbursement of funds. 

Provisions from 1952 A. & J. R. (47 St. at I_.) pp 2014 to 2019 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3262. Expenditures not to exceed budget. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3263. Salaries. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3264. Tuition and school attendance. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3266. Contingent fund. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3267. Claims. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

Article 6. 
Bujord, Flat Creek and Indian Land High School Districts. 
§ 21-3281. Creation. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 



85 Code of Laws of South Carolina, 1952 § 21-3358 

§ 21-3282. Effect of creation of such districts. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3283. Powers of trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3284. Tax levies uniform. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

Article 7. 
Consolidated School District No. 30. 

§ 21-3291. Establishment. 

Repealed by 1952 A. & J. R. (47 St. at L-l pp 2014 to 2019. 

§ 21-3292. Trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

§ 21-3293. Election of trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 

CHAPTER 45. 
Laurens County. 

§ 21-3307. Trustees, Laurens County School District No. 65. 

Provisions from 1952 A. & J. R. (47 St. at L.} pp 1711 and 1712 make up this section. 

CHAPTER 46. 
Lee County. 
Article 1. Article 2. 

General Provisions, § 21-3351. Centralized Consolidated High School 

District, § 21-3361. 
Article 1. 

General Provisions. 

§ 21-3351. Board of education; appointment; terms; act as trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

§ 21-3352. Duties and powers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

§ 21-3353. Meetings of board. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

§ 21-3353.1. Superintendent of education. 

Provisions from 1952 A. & J. R. (47 St. at L-l pp 2081 to 2085 make up this section. 

§ 21-3354. School trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp_ 2081 to 2085 make up this section 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

§ 21-3355. Advisory boards of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

§ 21-3358. Administrative areas; superintendents. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section. 



§ 21-3361 1952 Supplement 86 

Article 2. 
Centralised Consolidated High School District. 

§ 21-3361. Tax levies; receipt and disbursement of funds. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

§ 21-3362. Trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

§ 21-3363. Powers of trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

§ 21-3364. County board financing unit. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085. 

CHAPTER 47. 

Lexington County. 

Article 1. Article 2.1. 

County Board and Superintendent, Batesburg-Leesville District No. 3, 

§ 21-3401. § 21-3425. 

Article 2. 

School Districts, § 21-3411. 

Article 1. 
County Board and Superintendent. 

§ 21-3401. County Board of Education; membership. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1917 and 1918 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1917 and 1918. 

§ 21-3402. Same; membership. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1917 and 1918 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1917 and 1918. 
Cited. Smith et al. v. Lexington School District, 219 S. C. 191, 64 S. E. (2d) 534. 

Article 2. 

School Districts. 

§ 21-3411. School districts established. 

Superseded by order of State Educational Finance Commission. 

Cited. Smith et al v. Lexington School District, 219 S. C. 191, 64 S. E. (2d) 634. 

§ 21-3412. School trustees; appointment; terms. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917. 

§ 21-3413. Same; special provisions for Irmo District No. 8. 

Superseded by order of State Educational Finance Commission. 

§ 21-3414. When elect trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917. 

§ 21-3415. Conduct of election. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917. 

§ 21-3416. Qualifications of trustees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917. 

§ 21-3417. Vacancies. 

Superseded by order of State Educational Finance Commission. 



87 Code of Laws of South Carolina, 1952 § 21-3679 

§ 21-3418. Employment of teachers and other duties of trustees. 

Cited in Smith et al. v. Lexington School District, 219 S. C. 191, 64 S. E. (id) 534. 

§ 21-3422. Tax levies. 

1952 (47) pp 1918 and 1919 superseded last sentence in this section. See same for 
tax levy for operation. 

Article 2.1. 

Batesburg-Leesville District No. 3. 
§ 21-3425. Trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2019 to 2022 make up this section. 

§ 21-3426. Taxes; obligations. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2019 to 2022 make up this section. 

§ 21-3427. Liability of Saluda County area. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2019 to 2022 make up this section. 

CHAPTER 51. 

Newberry County. 

Article 1. Article 3. 

General Provisions, § 21-3599. School District No. 1, § 21-3622. 

Article 2. 
School Trustees, § 21-3614. 

Article 1. 

General Provisions. 
§ 21-3599. County board of education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844. 

§ 21-3601. Duties of superintendent of education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844. 

§ 21-3602. Taxes. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844 make up this section. 
Article 2. 
School Trustees. 
§ 21-3614. County board to be school trustees if only one district. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844 make up this section. 
Article 3. 
School District No. 1. 
§ 21-3622. Transfer of surplus from bond account. 

Superseded by order of State Educational Finance Commission. 

CHAPTER 52. 
Oconee County. 
§ 21-3662. Additional school trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2003 and 2004 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2120 and 2121. 

§ 21-3678. Annual tax levy for high school facilities. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1981 and 1982. 

§ 21-3679. Apportionment of receipts. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1981 and 1982. 



§ 21-3680 1952 Supplement 88 

§ 21-3680. Expenditure. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1981 and 1982. 

§ 21-3682. Portion of receipts allocated to Clemson-Calhoun High School. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1981 and 1982. 

CHAPTER 53. 
Orangeburg County. 

§ 21-3707. School districts corporations; powers. 

There are now five school districts. 

CHAPTER 54. 
Pickens County. 

§ 21-3791. County Board of Education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1717 and 1718 make up this section. 

§ 21-3800. Additional trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) p 1909 make up this section. 

CHAPTER 55. 
Richland County. 

Article 3. 
School Districts Generally. 
§ 21-3881. Names, etc., of school districts. 

Superseded by order of State Educational Finance Commission. 

§ 21-3882. Number, appointment, election, terms, etc. of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007. 

§ 21-3882.1. Same; District No. 5. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007 make up this section. 

§ 21-3884. District No. 1 exempt from. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007. 

§ 21-3885. Trustees of Olympia School District No. 4. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007. 

CHAPTER 56. 
Saluda County. 
§ 21-3961. When trustees elected. 

Superseded by order of State Educational Finance Commission. 

§ 21-3962. Trustees to file budgets. 

Superseded by order of State Educational Finance Commission. 

§ 21-3964. Budgets; tax levies. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006. 

§ 21-3965. Use of alcoholic liquor tax and beer and wine taxes. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006. 



89 Code of Laws of South Carolina, 1952 § 21-4018 

§ 21-3966. Approval and payment of claims. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006. 

§ 21-3967. Allocation of unpledged school fund balances. 

Superseded by order of State Educational Finance Commission. 

CHAPTER 57. 
Spartanburg County. 
§ 21-4001. County Board of Education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 and 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4002. Election of members ; vacancy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp. 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4003. Officers; meetings; travel. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4004. Board to supervise public school program. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4005. Employment of personnel. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4006. Qualifications for personnel; rules generally. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4009. Board's objective in providing finances. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4010. Plans for buildings and capital outlays generally. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4011. County superintendent. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4013. Superintendent administrative officer. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealer! by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4014. Employment of personnel. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 

§ 21-4015. Consolidation and boundaries of districts. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 

§ 21-4016. Consolidation with districts in adjoining counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4017. Local boards of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4018. Appointment or election of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 



§ 21-4019 1952 Supplement 90 

§ 21-4019. Terms of trustees. 

Provisions from 19S2 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4019.1. Removal of trustees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4020. Officers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4021. Employ personnel ; school term. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 

§ 21-4022. School district budgets and levy therefor. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.} pp 2113 to 2119. 

§ 21-4024. Accounts of funds; bonding of personnel. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4025. Superintendent of schools. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4026. County tax levy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4027. Apportionment of receipts between operating and capital expen- 
ditures. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4028. Disposition of surplus capital funds of districts. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

§ 21-4030. Credit of school funds received by treasurer. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119. 

CHAPTER 58. 
Sumter County. 
Article 1.1. Article 2. 

School District No. 2, § 21-4059. School District No. 17, § 21-4063. 

Article 1.1. 
School District No. 2. 
§ 21-4059. Superintendent. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 

§ 21-4059.1. Budgets. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 

§ 21-4059.2. Tax levies. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 

§ 21-4059.3. Use of sinking funds when not deposited. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 

§ 21-4059.4. Funds; liability and duty of county treasurer; security for de- 
posits. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section. 



91 Code of Laws of South Carolina, 1952 § 21-4173 

Article 2. 
School District No. 17. 

§ 21-4063. Jurisdiction of county board of education over district. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2036 and 2037. 

§ 21-4072. Budgets; contracts. 

1952 (47) pp 2036 and 2037 amended this section. 

CHAPTER 59. 
Union County. 

Article 1. Article 2. 

General Provisions, § 21-4151. Financial Matters, § 21-4171. 

Article 1. 

General Provisions. 

§ 21-4151. County unit system; county board of education operate. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4152. Members and term of Board. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4153. Elect; term; vacancy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4154. Elections. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4155. Quorum; officers; meetings; per diem. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4156. Act as trustees; duties and powers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4157. Superintendent of education. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 

§ 21-4158. Attendance areas; advisory boards. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 

Article 2. 
Financial Matters. 
§ 21-4171. School district tax levies. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4172. Consent of delegation to county levies. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4173. Tax levy for high school purposes. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 



§ 21-4174 1952 Supplement 92 

§21-4174. Special levy in Lockhart School District No. 5. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

§ 21-4175. Contracts to create deficits. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109. 

CHAPTER 60. 
Williamsburg County. 

Article 1. Article 3. 

General Provisions, § 21-4201. Williamsburg High School, § 21-4241. 

Article 2. Article 5. 

Trustees of Certain School Districts, Kingstree Public School District, § 21-4261. 
§ 21-4231. 

Article 1. 
General Provisions. 
§ 21-4201. County board of education; appointment; terms; vacancy. 

1952 (47) pp 2093 and 2094 amended this section. There is now only one school district 
in the county. 

§ 21-4202. School trustees and officials not eligible. 

There is now only one school district. 
§ 21-4206. County board fund ; disposition of poll tax collections. 

There is now only one school district. 

§ 21-4209. Budgets. 

There is now only one school district. 

§ 21-4211. Tuition pay when pupils attend school in other districts. 

There is now only one school district. 

§ 21-4212. Levy of tax to pay such tuition charges. 

There is now only one school district. 

§ 21-4213. Tuition charges to accounts of several districts. 

There is now only one school district. 

§ 21-4217. Gifts. 

There is now only one school district. 

§ 21-4218. Investment of school district sinking fund. 

There is now only one school district. 

§ 21-4219. Pergamos School District No. 29 exempted. 

Superseded by order of State Educational Finance Commission. 

Article 2. 
Trustees of Certain School Districts. 

§ 21-4231. Lenuds School District No. 4. 

Superseded by order of State Educational Finance Commission. 

§ 21-4232. Hemingway School District No. 12. 

Superseded by order of State Educational Finance Commission. 

§ 21-4233. Consolidated School District No. 3. 

Superseded by order of State Educational Finance Commission. 

§ 21-4234. Greelyville School District No. 22. 

Superseded by order of State Educational Finance Commission. 



93 Code oe Laws op South Carolina, 1952 § 22-351 

§ 21-4236. Salters School District No. 32. 

Superseded by order of State Educational Finance Commission. 

Article 3. 
Williamsburg High School. 
§ 21-4241. School districts consolidated into "Williamsburg High School". 

Superseded by order of State Educational Finance Commission. 

§ 21-4242. Number of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-4243. Appointment of trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-4244. Terms of trustees ; vacancies. 

Superseded by order of State Educational Finance Commission. 

Article 5. 
Kingstrce Public School District. 

§ 21-4261. Established. 

Superseded by order of State Educational Finance Commission. 

§ 21-4262. Trustees. 

Superseded by order of State Educational Finance Commission. 

§ 21-4263. Term. 

Superseded by order of State Educational Finance Commission. 

§ 21-4264. Conduct of elections. 

Superseded by order of State Educational Finance Commission. 

§ 21-4265. Trustees appointed when no candidates qualify. 

Superseded by order of State Educational Finance Commission. 

§ 21-4266. Vacancies. 

Superseded by order of State Educational Finance Commission. 

§ 21-4267. Duties and powers of trustees. 

Superseded by order of State Educational Finance Commission. 

Title 22. 
Educational Institutions 
Chap. 6. The Medical College, § 22-351. 

CHAPTER 6. 
The Medical College. 

§ 22-351. Acceptance of transfer of property. 

The State of South Carolina hereby expressly declares that it accepts the con- 
veyance and transfer of the property, real and personal, of The Medical College 
of South Carolina and the State Treasurer may receive and securely hold such 
property, both real and personal, and execute the necessary papers and receipts 
therefor as soon as the trustees and faculty of The Medical College of South Car- 
olina shall convey and transfer such property to the State. 

1952 (47) 1875. 



§ 22-352 1952 Supplement 94 

§ 22-352. Charter confirmed. 

The charter of The Medical College of South Carolina is confirmed and extended 
with all the rights and privileges granted heretofore by the original act of incor- 
poration or by any subsequent extension of its charter. 

1952 (47) 1875. 

§ 22-359. Additional scholarships. 

1952 (47) p 1875 changed name to The Medical College of South Carolina. 

§ 22-364. Rules governing admissions not changed hereby. 

1952 (47) p 1875 changed name to The Medical College of South Carolina. 

Title 23. 
Elections. 

Chapter 1. General Provisions, § 23-7. 

3. Polling Precincts and Voting Places, § 23-176. 

4. Political Parties, Committees, Conventions, Nominations other than 
by Primary, etc., § 23-265. 

CHAPTER 1. 
General Provinsions 

§ 23-7. Liability of radio station for defamatory statement made by candi- 
date for political office. 

The owner, licensee or operator of a visual or sound radio broadcasting station 
or network of stations and the agents or employees of any such owner, licensee or 
operator shall not be liable for any damages for any defamatory statement published 
or uttered in or as a part of a visual or sound radio broadcast by a candidate for 
political office in those instances where, under the acts of Congress or the rules 
and regulations of the Federal Communications Commission, the broadcasting 
station, or stations, is prohibited from censoring the material broadcast by such 
candidate, if such owner, licensee or operator shall cause to be made at the con- 
clusion of the broadcast the following announcement in substance : "The broadcast 
you have just heard was not censored in accord with the immunity from censorship 
extended legally qualified political candidates." 

1952 (47) 1939. 

CHAPTER 3. 
Polling Precincts and Voting Places 

Article 1. 
Location of Precincts and Voting Places. 

§ 23-176. Same ; in Greenville County. 

In the Greenville County there shall be the following voting precincts : American 
Spinning at or near school ; Armstrong at or near school ; Bates Old Field at or 
near McDaniel's Store; Batesville at or near Green's Store; Bellevue at Bellvue 
Grocery ; Berea at Berea High School ; Bessie at Charles' Store ; Brandon at Boy 
Scout Hall; City View at City View Water office; Conestee at Conestee Hall; 
Dunean at Recreation Hall ; East Dunklin at Knight's Store ; East Gantt at East 
Gantt school ; East View at East View school ; Ebenezer-Welcome at Ebenezer- 



95 Code of Laws of South Carolina, 1952 § 23-176 

Welcome school ; Fairview at the Stock Show Grounds ; Flat Rock at Flat Rock 
school ; Fork Shoals-Fork Shoals high school ; Fountain Inn at the Library build- 
ing ; Fountain Inn Mill at the Mill Canteen ; Gilreath's Store at Gilreath's Store ; 
Golden Grove at Freeman's Store ; Gowanville at Pitts' Store ; Ward 1 at Fire 
Department at City Hall building ; Ward 2 at or near Bridwell's building on South 
Main St. ; Ward 3 at C & D. Chevrolet building ; Ward 4 at Robinson's Pure Oil 
Station ; Ward 5 at High School building ; Ward 6 at Hollifield's Studebaker 
building ; Greer Mill at The Community Building ; Highland at Highland school ; 
Hillside at Hillside school; Hopewell at Hopewell school; Jennings Mill at Hart 
Valley Ranch ; Jonesville at Jonesville school ; Judson Mill at Judson school ; Laurel 
Creek at Laurel Creek school ; Leawood at Batson's Service Station ; Lebanon at Le- 
banon school ; Lima at Lima school ; Locust at Locust school ; Maridell at Maridell 
school ; Marietta at Marietta school ; Mauldin at Mauldin school ; Merrittsville 
at Poole's Store ; Mills Mill at The Mill ; Mission at Mission school ; Monaghan 
at the YMCA ; Montague at Watkins store ; Mt. Lebanon at Mt. Lebanon school ; 
Mt. View at Mt. View school; Old Hundred at Old Hundred school; O'Neal at 
Few's Store ; Paris at Paris school ; Paris Mountain at Paris Mountain Grocery 
Store ; Park Place at Park Place school ; Piedmont at Beattie Hall ; Piedmont Park 
at Paris school ; Pike's Store at Oak Grove school ; Pleasant Grove at Pleasant Grove 
school; Poe Mill at Poe Mill school; Poinsett at the Mill Hall; Ready Fork at 
Moonville Mercantile Co. ; Rehobeth at Rehobeth school ; Rock Hill at Rock Hill 
school house ; Reid's at Reid's school house ; Sandy Flat at Sandy Flat school 
house ; San Souci at Buncombe and Perry Roads ; Simpsonville at Simpsonville 
high school house ; Simpsonville Mill at Cole's Store ; Slater at the Mill ; Southern 
Bleachery at Taylors Drug Store ; St. Albans at Thackston's Store ; Stewart's 
Academy at Stewart's Acadamy school house ; Taylor's at Loftis Mercantile Co. ; 
Tigerville at Wood's store ; Travelers Rest at Coleman Motor Co. ; Union Bleachery 
at Community Bldg. ; Wares at Ridgeway's Store ; Welcome at Welcome school ; 
West Dunklin at Cothran's Store ; West Gantt at West Gantt high school ; West 
View at West View school ; Westville at Westville school ; Woodside at the 
Community Bldg. ; Woodville at Alberson's Store ; Ward 1 Box 1 at or near Sears 
Shelter, on East Park Avenue ; Ward 1 Box 2 at or near intersection of Camp 
Road and North Main Street ; Ward 2 Box 1 at or near C & C Grocery Co., on 
East North Street ; Ward 2 Box 2 at or near Leake Brothers Dairy on Laurens 
Road ; Ward 3 Box 1 at or near Easterby Motor Company at West Washington 
and Hudson Streets; Ward 3 Box 2 at or near Greenville Auto Sales Co., Inc. 
at Church Street and East McBee Avenue ; Ward 3 Box 3 at or near Graham 
school on Choice Street ; Ward 4 Box 1 at or near Fire Station at Augusta Road 
and East Faris Road ; Ward 4 Box 2 at or near Augusta Circle School ; Ward 5 
Box 1 at or near Fire Station at Pendleton Street and Markley Street; Ward 5 
Box 2 at or near West Greenville Recreation Center; Ward 6 Box 1 at or near 
University Soda Shop on Cleveland Street; Ward 6 Box 2 at or near Collin's 
Motor Company on Augusta Street ; Lenoah at or near Lenoah School ; and 
Pleasant Hill at Pleasant Hill School. 
1952 (47) 2124. 



§ 23-191 1952 Supplement 96 

§ 23-191. Same; in Orangeburg County. 

In Orangeburg County there shall be the following voting precincts: Ward 1, 
area west of Green and Church Streets and north of Russell Street ; Ward 2, area 
south of Russell Street and west of Middleton Street and Rowe Street; Ward 
3, area north of Russell Street and east of Church and Green Streets; Ward 4, 
area west of Middleton and Rowe Streets and south of Russell Street; Ward 5, 
area east of Southern Railway Track ; Suburban No. 1 ; Suburban No. 2 ; Subur- 
ban No. 3 : this precinct shall include the area heretofore forming a part of Suburban 
No. 1, lying north of the present limits of the city of Orangeburg and west of the 
track of the Southern Railway Company, with voting place at or near Silcox's 
Store ; Bethel ; Bethlehem ; Bolen ; Bowman ; North Branchville, South Branchville, 
Provided, that the division line between North Branchville and South Branchville 
shall be the Charleston and Augusta Railway ; Cattle Creek ; Cow Castle ; Cope ; 
Dry Swamp ; East Cow Castle ; East Orange ; Edisto ; Elloree, Provided, that the 
division between the precincts of Elloree and West Elloree shall be the Atlantic 
Coast Line Railroad track; West Elloree; Eutawville; Holly Hill No. 1, Holly 
Hill No. 2 ; provided, that the division between the precincts of Holly Hill No. 1 
and Holly Hill No. 2 shall be U. S. State Highway No. 176 beginning at Dean 
Swamp and following said Highway west through the town of Holly Hill and 
to the junction with the Camden Road and then following the Camden Road north 
to township limits ; Jamison ; Limestone ; Livingston ; Middlepen ; Neeses ; Norway ; 
North No. 1, North No. 2; Provided, that the division between the precincts of 
North No. 1 and North No. 2 shall be the Seaboard Railroad right-of-way; Pine 
Hill; Providence; North Providence; Rowesville; Sawyerdale ; Springfield No. 1, 
area south of State Highway No. 4 from Rocky Swamp Creek to Aiken County 
Line ; Springfield No. 2, area north of State Highway No. 4 from Rocky Swamp 
Creek to Aiken County Line ; Tillman, Trinity ; Two Mile Swamp ; Vance ; Wood- 
ford, Zion. 

1952 (47) 2025. 

CHAPTER 4. 

Political Parties, Committees, Conventions, Nominations other than by 

Primary, etc. 

§ 23-263. How candidates nominated. 

Nomination contemplated under this not of the general election. Glasscock et al. 
title is the result of a primary, convention, v. Bradford et al, 218 S. C. 458; 63 S. E. 
executive committee action or petition and (2d) 166, (1951). 

§ 23-265. Candidate's pledge. 

See § 23-265.2 for former last paragraph hereof. 

§ 23-265.1. Same; municipal elections in Richland County. 

In Richland County every candidate in a municipal election, general, special, or 
primary, shall make the following pledge and file it with the city clerk or comparable 

official of the municipality in which he is a candidate : "I, the undersigned 

, of the city or town of , county of , 

State of South Carolina, candidate for the office of , hereby 

pledge that I will not give money, or use intoxicating liquors, for the purpose of 
obtaining or influencing votes, and that I shall, at the conclusion of the campaign 
and before the election, render to the city clerk (or comparable official), under 



97 Code of Laws of South Carolina, 1952 § 25-1 

oath, an itemized statement of all monies spent or provided by me during the 
campaign for campaign purposes up to that time, and I further pledge that I will, 
immediately after the election render an itemized statement, under oath, showing 
all further monies spent or provided by me in said election." 
1952 (47) 1712. 

§ 23-265.2. Penalties to violate §§ 23-265 or 23-265.1. 

A failure to comply with the provisions of § 23-265 or § 23-265.1 shall render 
such election null and void, in so far as the candidate who fails to file the state- 
ment therein required, but shall not affect the validity of the election of any 
candidate complying therewith. Such itemized statement and pledge shall be open 
to public inspection at all times. Any violation of the provisions of the pledge 
required in § 23-265 or § 23-265.1 shall be a misdemeanor and any person, upon 
conviction thereof, shall be fined not less than one hundred dollars nor more than 
five hundred dollars, or be imprisoned at hard labor for not less than one month 
nor more than six months, or both by such fine and imprisonment, in the discretion 
of the court. 

1952 Code, § 265; 1952 (47) 1712. 

Title 24. 

Electricity. 

CHAPTER 1. 
Regulation of Electrical Utilities 

Article 1. 

General Provisions. 

§ 24-1. Definitions. 

Cited. Bookhart v. Central Elec. Power (1951). 
Coop., 219 S. C. 414; 65 S. E. (2d) 781; 

Article 5. 

Issue of Securities. 

§ 24-81. Issue of securities. 

This section is only a restriction on the Compliance with terms hereof cannot be 

power of a utility to issue securities. S. C. said to be an act done in the creation of the 

Electric and Gas Co. v. Pincknev. et al, 217 debt evidenced by the securities issued. Id. 
S. C. 407; 60 S. E. (2d) 851, (1950). 

CHAPTER 4. 
State Rural Electrification Authority Act. 

§ 24-301. Short title. 

Cited. Bookhart v. Central Elec. Coop., 219 S. C. 414; 65 S. E. (2d) 781, (1951). 

Title 25. 
Eminent Domain 

CHAPTER 1. 
General Provisions. 

§ 25-1. "Owner", etc. includes mortgagee; parties. 

Cited. Welling v. Clinton Newberry Nat- S. E. (2d) 7, (1952). 
ural Gas Authority, et al, 221 S. C. 417; 71 



§ 25-51 1952 Supplement 98 

CHAPTER 2. 
State Authorities Eminent Domain Act. 

§ 25-51. Short title. 

Cited. Welling v. Clinton Newberry Nat- 71 S. E. (2d) 7, (1952). 
ural Gas Authority, et al. 221 S. C. 417; 

CHAPTER 3. 
Public Works Eminent Domain Law. 

§ 25-101. Short title. 

Cited. Welling v. Clinton Newberry Nat- 71 S. E. (2d) 7, (1952). 
ural Gas Authority, et al, 221 S. C. 417; 

Title 26. 
Evidence. 

Chapter 1. General Provisions, § 26-7.1. 

3. Public Documents, Records and Certain Books, Etc., § 26-104.1. 
8. Examination of Witnesses by Commission, § 26-604. 

CHAPTER 1. 
General Provisions. 

§ 26-3. Pleading not evidence against accused. 
Cited. The State v. Smith, 220 S. C. 224; 67 S. E. (2d) 82, (1951). 

§ 26-7. Proof of negligence by plaintiff in motor vehicle cases. 

Applied. Chapman v. Associated Trans- (1951). 
port, Inc., 218 S. C. 554; 63 S. E. (2d) 465, 

§ 26-7.1. Admissibility of written statement made to public employee; ref- 
ence thereto during trial. 

Unless the provisions of §§ 1-65 and 17-513.1 have been complied with, no 
written statement that has been taken from a person by an employee of the State 
or any County,, City or Municipality thereof, or any part, of any such governing 
body, shall be admissible in evidence in any case, nor shall any reference be made 
to it in the trial of any case. 

1952 (47) 1977. 

See also §§ 1-65 and 17-513.1. 

CHAPTER 3. 
Public Documents, Records and Certain Books, Etc. 

Article 1. 
Public Documents. 

§ 26-101. When certified copies or certified photostatic copies of documents 
admissible. 

Cited. Goudelock v. Prudential Ins. Co. (1951). 
of America, 219 S. C. 284; 65 S. E. (2d) 114, 

§ 26-104.1. Evidence of registration of trade-mark. 

Any certificate of registration issued by the Secretary of State under the provi- 
sions of article 4 of chapter 4 of Title 66 (registration and protection of trade-marks) 



99 Code of Laws of South Carolina, 1952 § 26-604 

or a copy thereof duly certified by the Secretary of State shall be admissible in evi- 
dence as competent and sufficient proof of the registration of such trade-mark in 
any action or judicial proceedings in any court of this State. 
1952 (47) 1845. 

§ 26-107. Motor vehicle accident reports and certain matters under Motor 
Vehicle Safety Responsibility Act not to be evidence in civil suits. 

Neither the reports required by §§ 46-326 to 46-328, the action taken by the 
South Carolina State Highway Department pursuant to article 3, chapter 7 (Motor 
Vehicle Safety Responsibility Act) of Title 46, the findings, if any, of the said de- 
partment upon which action is based, nor the security filed as provided in said 
article shall be referred to in any way, or be any evidence of the negligence or due 
care of either party, at the trial of any action at law to recover damages. 

1952 (47) 1853. 

§ 26-108. Brand or earmark certificate as evidence of ownership of livestock. 

In any criminal or civil action in which title to livestock is involved or proper 
to be proved, the certificate provided for in § 6-366 shall, when recorded as pro- 
vided for in § 6-384, be prima facie evidence of ownership of any livestock bearing 
the brand shown on the face of the certificate. When livestock is brought into this 
State from another state or territory in transit beyond the boundaries of this State, 
a copy of a brand granted or held in the other state or territory, when certified to 
by the proper officer in that state, shall be received in evidence under the same 
circumstances, and shall have the same effect, as a certificate issued under the pro- 
visions of §§ 6-361 to 6-388. 

1952 (47) 2175. 

CHAPTER 6. 

Competency of Witnesses. 
§ 26-402. Exceptions to rule of § 26-401. 

One relying on the statute must make 117; 69 S. E. (2d) 355, (1952). 

sufficient and timely objections, otherwise "Assignee" held not to be "grantee." Tay- 

the testimony thereby excluded will be lor v. Cox, et al, 218 S. C. 4S8; 63 S. E. 

competent. Brevard v. Fortune, 221 S. C. (2d) 470. (1951). 

CHAPTER 7. 
Examination of Adverse Witnesses; Inspection of Papers, Etc. 
§ 26-503. Examination of adversary before trial. 

Extent examine witness before trial. Nor- (2d) S44, (1950). 
ris v. Bryant, et al, 217 S. C. 389; 60 S. E. 

CHAPTER 8. 
Examination of Witnesses by Commission. 

§ 26-604. Testimony of officers of a state hospital or similar institution taken 
by commission in civil causes. 

Whenever the testimony of any officer at a state hospital or similar institution 
shall be required in a court of justice, in a civil cause, the same may be taken by 
commission, nor shall his personal appearance be required, unless it shall be made 
to appear to the court, by affidavit, that justice cannot be done without such per- 
sonal presence in court. 

1952 (47) 2042. 



§ 26-701 1952 Supplement 100 

CHAPTER 9. 
Examination of Witnesses by Deposition. 

§ 26-701. Depositions taken by clerks of court; right of viva voce examina- 
tion. 

Cited. Johnson v. Brandon Corp., 221 S. C. 160; 69 S. E. (2d) 594, (1952). 

Title 27. 
Fees and Costs. 
Chapter 2. Clerks of Court and Registers of Mesne Conveyances, § 27-62. 

3. Masters, § 27-203.10. 

4. Probate Judges, § 27-303. 

8. Miscellaneous Local Provisions, § 27-801. 

CHAPTER 2. 
Clerks of Court and Registers of Mesne Conveyances. 

§ 27-62. Same; exception in certain counties. 

In Anderson, Dillon, Newberry and Oconee Counties the fee for indexing, regis- 
tering and recording any such mortgage or other instrument shall be fifty cents, 
which shall be exclusive of the fee of the clerk for searching the records and 
issuing a certificate of such search, the fee for which is hereby fixed at twenty-five 
cents. The clerks of court of said counties shall not be required to collect such 
fees in advance. But if a copy or duplicate of such mortgage or other instrument 
be not furnished to the clerk the fee above fixed for indexing, registering and 
recording shall be seventy-five cents, instead of fifty cents. 

1952 (47) 2156. 

CHAPTER 3. 
Masters. 

§ 27-203.10. Same ; Chesterfield County. 

In Chesterfield County the master shall receive a fee of ten dollars per day for 
holding references and five dollars for each report made and filed in addition to 
other fees. 

1952 (47) 1882. 

CHAPTER 4. 

Probate Judges. 

§ 27-303. Same ; fees probate judges retain. 

The probate judges of the several counties may retain for their own use and 
benefit all fees heretofore paid to them by the Tax Commission under the provi- 
sions of § 27-303. Provided, However, that the legislative delegation of any county 
may, by a majority vote, otherwise direct the disposition of such fees received by 
the probate judge of its county. But if such direction by the legislative delegation 
of any county be not made within twelve months after February 15 1952, the 
right of such county to provide for such disposition of said fees shall be forever 
waived. Provided, that such funds as would be paid the probate judges of Pickens 
County and Dillon County, under the provisions of this section, shall be paid the 



101 Code of Laws of South Carolina, 1952 § 28-3 

county treasurers of the respective counties for credit to the general funds of said 
counties. 

1952 (47) 1731. 

CHAPTER 5. 

Sheriffs, Magistrates and Constables. 

Article 4. 
Constables. 
§ 27-451. Fees and commissions of constables generally. 

Sheriff entitled to fee for each person in In Cherokee County sheriff cannot 

an arrest warrant. McKown, et al v. Dan- charge for persons arrested by rural po- 

iel, et al, 217 S. C. 510; 61 S. E. (2d) 163, licemen. Id. 
(1950). 

§ 27-454. County to deduct from constables' salaries amounts paid in certain 
cases. 

Applied. McKown, et al v. Daniel, et ai, 217 S. C. 510; 61 S. E. (2d) 163, (1950). 

CHAPTER 8. 
Miscellaneous Local Provisions. 

Article 1. 
Horry County. 
§ 27-801. Costs and Fees. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2156 to 2160 make up this section. 

Title 28. 
Fish, Game and Wildlife. 

Chapter 1. General Provisions, § 28-3. 

2. South Carolina Wildlife Resources Department, § 28-91. 

3. Commercial Fisheries Administrative Provisions, § 28-151. 

4. Atlantic States Marine Fisheries Commission, § 28-201. 

6. Protection of Game, § 28-301. 

7. Protection of Fish, § 28-551. 

8. Coastal Fisheries Law, § 28-757. 

9. Special Provisions for Certain Counties or Areas, § 28-1001. 

CHAPTER 1. 
General Provisions. 
Article 1. Article 3. 

Miscellaneous Provisions, § 28-3. Relatons with Federal Government; certain 

Article 2. State-owned Lands, § 28-42. 

Certain Exemptions from License Require- 
ments, § 28-31. 

Article 1. 
Miscellaneous Provisions. 

§ 28-3. Wild game and certain fish State property. 

All wild birds, wild game and fish, except fish in strictly private ponds and lakes 
entirely segregated from other waters, are the property of the State. 

1952 (47) 2179. 



§ 28-5.1 1952 Supplement 102 

§ 28-5.1. Application of game laws to zones. 

All laws of this State now in force affecting game, shall, until changed, apply to 
all of the zones of the State. 

1952 (47) 2179. 

§ 28-6. Form of hunting and fishing licenses. 

The form of all hunting and fishing licenses shall be of such quality or other 
suitable design as may be designated by the Director, the cost of same to be paid 
for out of the game protection fund. 

1952 (47) 2179. 

Former § 28-6 1952 code repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-8.1. Fishing or hunting from banks of navigable streams. 

It shall be unlawful to fish or hunt from the banks of a navigable stream without 
the permission of the owner of the land. Such permit must be in writing should 
the owner not be within one mile of the place where the person may be caught 
in the act of so fishing or hunting. 

1952 (47) 2179. 

§ 28-9. Sale of fish and game unlawfully caught, killed, etc. 

Any bird, non-migratory fish, or animal caught, taken or killed, shipped or re- 
ceived for shipment, found in the possession or under control by any person con- 
trary to the provisions of law, which may come into the possession of the game 
wardens, shall be sold at auction within the State, or shall be given to some chari- 
table institution within the State. In the event of sale, the game warden disposing 
of the same shall issue a certificate to the purchaser, certifying that the birds, non- 
migratory fish or animals are legally possessed by the purchaser. Any one so 
acquiring the birds, non-migratory fish or animals, within this State, may use 
them as if same had been originally sold, killed, or possessed in accordance with 
the laws of this State. The money received from the sale of such confiscated birds, 
non-migratory fish or game shall be forwarded by the game warden to the treasurer 
of the State and be placed to the account of the game protection fund. 

1952 (47) 2179. 

§ 28-10. Not catch, kill, possess or transport game unlawfully. 

It shall be unlawful for anyone to catch, kill, possess or transport, or to attempt 
to catch, kill, possess or transport any bird or animal or part thereof, in violation 
of any of the provisions of the fish and game laws. 

1952 (47) 2179. 

§ 28-11. General penalties violate fish or game laws. 

When not otherwise specified, the penalty for violation of any part of the game, 
bird or fish laws of this State shall be a misdemeanor and upon conviction thereof, 
the offender shall suffer penalty of fine of not less than twenty-five dollars, or 
more than one hundred dollars, or imprisonment of not less than ten days nor more 
than thirty days. 

1952 (47) 2179. 

§ 28-13. Revenue go into game protection fund; expenditure of fines. 

Revenues from all license fees, fines and forfeitures of any game or fish law, 
except as otherwise directed herein, shall be transmitted to the Director to be 
placed to the credit of the game protection fund of the state treasury, and all bal- 



103 Code ok Laws of South Carolina, 1952 § 28-42 

ances in said fund shall be carried forward each year so that no part thereof shall 
revert to the general fund of the State. All fines shall be expended for game and 
fish propagation in the counties where same are collected. 
1952 (47) 2179. 

§ 28-14. Disposition of fines, license fees, etc., in Georgetown County. 

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219. 

§ 28-15. Same; Hampton County. 

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219. 

§ 28-16. Same; Saluda County. 

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219. 

§ 28-17. Same; Sumter County. 

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219. 

Article 2. 
Certain Exemptions jrom License Requirements. 

§ 28-31. Employees. 

Any employee residing in this State may fish or hunt on the lands of his em- 
ployer owning or leasing the land, by the written permission of the person so 
owning or leasing, or his superintendent, with the same privilege as the owner or 
person leasing may enjoy. 

1952 (47) 2179. 

Former § 28-31 repealed by 1952 A. & J. R. (47 St. at L.) p 2179. 

§ 28-32. Orphans in eleemosynary institutions. 

All orphans of any orphanage or other eleemosynary institution of this State 
may hunt or fish within any county in this State without obtaining a license to do 
so if the superintendent or person in charge of such orphanage or eleemosynary in- 
stitution shall first apply to the Director for a permit allowing such orphans to 
hunt or fish, giving the names of the orphans and. the name of the institution and 
such superintendent or person in charge of such orphans shall be the holder of a state 
hunting license or fishing license if required and shall accompany such orphans 
on the hunt or fishing excursion for which the permit is granted. The Director may 
issue such permit when the above conditions have been complied with. 

1952 (47) 2179. 

§ 28-34. Youths under fourteen. 

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219. 

Article 3. 
Relations with Federal Government ; Certain State-Owned Lands. 

§ 28-42. Agreements with United States respecting wild life of national for- 
est lands. 

The Department may enter into a cooperative agreement with the United States 
Goverment, or with the proper authorities thereof, for the protection and manage- 
ment of the wild life resources of the national forest lands within the State and 
for the restocking of the same with desirable species of game, birds and other 
animals and fish. 

1952 (47) 2179. 



§ 28-43 1952 Supplement 104 

§ 28-43. Powers of Director over such lands. 

The Director of the Division of Game may close all hunting and fishing within 
such lands so contracted for with the Federal Government for such period of time 
as may, in the opinion of the Director, be necessary. He may from time to time pre- 
scribe the season for hunting and fishing therein, fix the amount of fees required 
for special hunting and fishing licenses and issue such licenses, prescribe the num- 
ber of animals and game, fish and birds that shall be taken therefrom and the size 
thereof, and prescribe the conditions under which the same may be taken. 

1952 (47) 2179. 

§ 28-44. Penalties. 

Any person violating any of the rules so promulgated by the Director or who 
shall hunt or fish upon such lands at any time, other than those times specified by 
the Director, shall, upon conviction therefor, be fined not less than twenty-five dol- 
lars nor more than one hundred dollars or imprisoned for not less than ten days 
nor more than thirty days, for each offense. 

1952 (47) 2179. 

§ 28-46. Funds from certain agreement to be used on Santee-Cooper lands. 

All money collected by the Department on the Santee-Cooper area under the 
provisions of an agreement between the United States Wildlife Service and the 
Department in accordance with § 28-41 or collected under any act of the Legislature 
pertaining to such area, shall be placed by the Department with the State Treasurer 
and placed to the credit of the Santee-Cooper project to be disbursed by the De- 
partment solely for game and fish protection and propagation on the Santee-Cooper 
lands and waters. 

1952 (47) 2179. 

§ 28-47. Assent to Act of Congress providing aid in wild life projects, etc. 

The State hereby assets to the provisions of the Act of Congress entitled "An 
Act to provide that the United States shall aid the States in wildlife restoration 
projects, and for other purposes," approved September 2, 1937 (Public, No. 415, 
75th Congress), and acts supplementary thereto or amendatory thereof, and the 
Department shall perform such acts as may be necessary to the conduct and estab- 
lishment of cooperative wild life restoration projects, as defined in said act of 
Congress, in compliance with said act and with rules and regulations promulgated 
by the Secretary of Agriculture thereunder. No funds accuring to the State from 
license fees paid by hunters shall be diverted for any other purpose than the ad- 
ministration of the Department. 

1952 (47) 2179. 

CHAPTER 2. 

South Carolina Wildlife Resources Department. 

Article 1. Article 2. 

South- Carolina Wildlife Resources Game Wardens, § 28-121. 

Commission, § 28-91. 

Article 1. 
Soutli Carolina Wildlife Resources Commission. 

§ 28-91. Head and governing board of the Department. 

The head and governing board of the South Carolina Wildlife Resources Depart- 
ment shall be a commission to be known as the South Carolina Wildlife Resources 



105 Code of Laws of South Carolina, 1952 § 28-96 

Commission, which shall be composed of seven members, one from each congres- 
sional district in the State, and one at large, 
1952 (47) 1693. 

§ 28-92. Appointment; chairman; terms. 

They shall be appointed by the Governor, by and with the advice and cansent 
of the Senate. One of the members shall be designated by the Governor to serve 
as chairman. Two of the original appointees shall be appointed for terms of office 
of two years, two for terms of office of four years, and three for terms of office of 
six years. Their successors shall be appointed in like manner for terms of office 
of six years, and until their successors shall have been appointed and qualified. 

1952 (47) 1693. 

§ 28-93. Vacancy; pay; expenses. 

All vacancies on the Commission occurring shall be filled for the unexpired 
term in the manner of original appointment. Each member shall receive compensa- 
tion in the amount of one hundred dollars per annum, and official expenses as pro- 
vided by law for state employees on public business. 

1952 (47) 1693. 

§ 28-94. Commission through two divisions act for the Deparment. 

All functions, duties, powers and authority of the South Carolina Wildlife Re- 
sources Department shall be performed, exercised and discharged by or under the 
supervision and direction of the South Carolina Wildlife Resources Commission, in 
and through two divisions, the Division of Game (embracing the work and functions 
of the conservation of game and the execution and enforcement of the regulatory, 
tax and license laws of the State relating to birds, non-migratory fish, game and to 
fishing other than commercial fishing, shell fish, shrimp, oysters, oyster leases and 
fisheries) and the Division of Commercial Fisheries (embracing the work and 
functions of the conservation of oysters, shrimp, shell fish, fisheries, and all fish 
taken in commercial fishing, and in fostering and developing industries in relation 
thereto, and in the execution and enforcement of the regulatory, license and tax 
laws of the State relating to commercial fishing, shell fish, shrimp, oysters, oyster 
leases and fisheries.) 

1952 (47) 2890. 

§ 28-95. Division of Game. 

The Division of Game shall consist of a director and such clerical, stenographic, 
technical, field, and enforcement employees as may be necessary, to be employed 
by the Director, with the approval of the Commission. 

1952 (47) 2890. 

§ 28-96. Director of Division of Game. 

The Director of the Division of Game shall be employed on and after July 1 
1954 by the Commission for such term and compensation, not greater than the 
term and compensation provided by law for the Chief Game Warden as of June 
30 1954 as shall be fixed by the Commission in its judgment. Until July 1 1954 
the~incumbent Chief Game Warden shall serve as Director. A vacancy in the 
position of Director shall be filled by employment by the Commission in the manner 
of original employment. 

1952 (47) 2890. 



§ 28-97 1952 Supplement 106 

§ 28-97. Division of Commercial Fisheries. 

The Division of Commercial Fisheries shall consist of a director and such clerical, 
stenographic, technical, field, and enforcement employees as may be necessary, to 
be employed by the Director with the approval of the Commission, and also a Com- 
mercial Fisheries Advisory Board.. 

1952 (47) 2890. 

§ 28-98. Director of Division of Commercial Fisheries. 

The Director of the Division of Commercial Fisheries shall be a person who, by 
education, training and experience is versed in the conservation of the oyster, shell 
fish, shrimp, and commercial fishing resources of the State, and is qualified to 
foster the development of the oyster, shell fish, shrimp and commercial fisheries in- 
dustry of the State and to supervise the enforcement of the conservation, regula- 
tory, license and tax laws of the State relating to oyster, shell fish, shrimp and 
commercial fishing and fisheries. He shall be employed by the Commission for such 
term and compensation as shall be fixed by the Commission, with the approval of 
the State Budget and Control Board. A vacancy in the position of Director shall 
be filled by employment by the Commission in the manner of original employment. 

1952 (47) 2890. 

§ 28-99. Commercial Fisheries Advisory Board. 

The Commercial Fisheries Advisory Board shall consist of three members pos- 
sessing knowledge of oysters, shell fish, shrimp and commercial fishing, both from 
a conservation and a commercial standpoint, who shall be appointed by the Gov- 
ernor, and shall be residents of coastal counties which have a substantial commercial 
fisheries industry. No two of whom shall be residents of the same county. The 
first appointees shall be appointed for terms of one, two and three years, respectively, 
and their successors shall be appointed for terms of three years each. 

1952 (47) 2890. 

§ 28-100. Same; hearings; actions against. 

The Advisory Board shall hold the hearings and shall exercise the hearing and 
determination powers and functions heretofore exercised by law by the State Board 
of Fisheries in all matters relating to oysters, oyster leases, shell fish, shrimp and 
commercial fishing, with appeals to the courts from the determinations and decisions 
of the said Board in such matters as now provided by law for appeals from determi- 
nations and decisions from the State Board of Fisheries. Any actions which may 
now be maintained at law or in equity against the State Board of Fisheries shall 
lie against the Advisory Board as to all matters in reference to which functions 
are given to Advisory Board hereunder. 

1952 (47) 2890. 

§ 28-101. Same; advise Director of Division of Commercial Fisheries. 

The Advisory Board shall also act as an advisory board to the Director of the 

Division of Commercial Fisheries on such matters as he may refer to it. 

1952 (47) 2890. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-102. Same; pay; expenses. 

The compensation of the members of the Advisory Board shall be a per diem 
of ten dollars for each day of attendance at meetings of the Board in the perform- 



107 Code of Laws of South Carolina, 1952 § 28-128 

ance of its functions, and the members thereof shall receive official expenses as 
provided by law for state employees while engaged on public business. 

1952 (47) 2890. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-103. Investigations; reports; recommendations. 

The Department shall continuously investigate the game and fish conditions of 
the State, particularly as to the enforcement of the laws looking to the conservation, 
protection and replenishment of game and fish. It shall annually make report of its 
activities to the General Assembly and recommend legislation and other action by 
the General Assembly in its judgment conducive to the conservation of wild life. 

1952 Code § 28-105; 1952 (47) 2890. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-104. Compensation. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-105. Duties. 

This section amended by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894 and transferred 
to § 28-103. 

§ 28-111. Election, term, oath and bond of Chief Game Warden. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-112. Duties; contracts with wardens and dismissal thereof. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-113. Cooperation with Commission. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-114. Expenditure of funds; reports. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-115. Salary and expenses. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 
Article 2. 
Game Wardens. 

§ 28-121. Appointment and removal. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-122. Same; term in Aiken County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-123. Same; appointment in Cherokee County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-124. Same; removal in Charleston County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-125. Same ; term in Dillon County. 

Repealed by 1952 A. & J. R. (47 St. at L.> pp 2890 to 2894. 

§ 28-126. Same ; appointment in Georgetown County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-127. Same ; assistants in Georgetown County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-128. Same ; term in Lexington County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 



§ 28-129 1952 Supplement 108 

§ 28-129. Same; election in Orangeburg County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-130. Same; election in Union County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-131. Same; term in York County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 
§ 28-132. Commissions of wardens. 

The Secretary of State shall transmit to the Director of the Division of Game 
the commissions of all game wardens, and the Director shall deliver the commis- 
sions to the game wardens only after they have filed oaths and bonds as provided 
by § 28-133. 

1952 (47) 2179. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-133. Oath and bond. 

Every game warden appointed to protect the property of the State shall, before 
entering upon the duties of his office, take and subscribe before a notary public, or 
other officer authorized to administer an oath, an oath to perform the duties of the 
office, and shall execute a bond with some reliable surety company approved by the 
Director of the Division of Game in the sum of one thousand dollars for the faithful 
discharge of his duties. Such bond and oath shall be transmitted to the office of the 
Director who shall properly record the bond and oath and keep same on file in 
his office. 

1952 (47) 2179. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-134. Compensation of county game wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-137. Full time and part time wardens in Colleton County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-138. Wardens in Pickens County to serve full time. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-140.1. Wardens search for and seize fish and game possessed unlawfully. 

A duly commissioned game warden, upon making an affidavit before a magistrate 
or in any court of the State, that there exists reasonable grounds to believe that 
birds, fish or game are in possession of any person or any common carrier in viola- 
tion of the law, is authorized to procure a search warrant and to open, enter and 
examine all cars, warehouses and receptacles of common carriers in the State, when 
he has reason to believe any game or fish is taken or held in violation of law, is, and 
when such is found, to seize the same. 

1952 (47) 2179 

CHAPTER 3. 
Commercial Fisheries Administrative Provisions. 

§ 28-151. Definitions. 
Whenever used in this chapter : 

(1) "Fish" includes shrimp, terrapin, shellfish, turtles and porpoises; 

(2) "Shellfish" includes oysters, clams, mussels and escallops and all immobile 

fish having shells ; 



109 Code of Laws of South Carolina, 1952 § 2S-163 

(3) "Crustacean" includes crabs, shrimp, crayfish, stone crabs and any other 
mobile fish having a shell ; 

(4) "Bottoms" includes all of the tide lands of the State covered by water when 
at the stage of ordinary high tide ; and 

(5) "Fishing" or "fisheries" includes all operations involved in taking or catch- 
ing fish and in preparing them or transporting them to market. 

1952 Code § 28-752; 1952 (47) 2179. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-152. Term of office. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-153. Compensation of members of Board. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-154. Removal of members of Board. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-155. Duties of chairman. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-156. Chairman custodian of funds; bond. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-158. Office of Board; meetings. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-159. Jurisdiction of South Carolina Wildlife Resources Department. 

The South Carolina Wildlife Resources Department shall have jurisdiction over 
all salt water fish, fishing and fisheries, all fish, fishing and fisheries in all tidal 
waters of the State and all fish, fishing and fisheries in all waters of the State where- 
upon a tax or license is levied for use for commercial purposes. This includes the 
following: all shellfish, crustaceans, diamond-back terrapin, sea turtles, porpoises, 
shad, sturgeon, rock, herring and all other migratory fish. 

1952 (47) 2890. 

§ 28-160. Board to enforce laws. 

The Division of Commercial Fisheries shall impartially enforce all laws pertain- 
ing to fish and fisheries. 

1952 (47) 2890. 

§ 28-161. Collection of revenues. 

The Division shall enforce all laws for collection of revenues due the State from 
the fishing industries and leases of bottoms. 
1952 (47) 2890. 

§ 28-162. Experimental propagation of shellfish; reports. 

The Department may expend such sums as it may deem advisable, not to exceed 
one hundred dollars per annum, in the experimental propagation of shellfish upon 
suitable bottoms and it shall report such experiments, the results thereof and its 
conclusions therefrom to the Governor and the General Assembly in its annual 
reports. 

1952 (47) 2890. 

§ 28-163. Launches. 

The Department shall purchase, equip and maintain six launches, one for Charles- 
ton County, one for Beaufort County, one for Georgetown County, one for Colle- 



§ 28-163 1952 Supplement 110 

ton County and the remaining two launches for the territory at large and may 
provide for repairs to be made to launches, vessels, machinery and furniture as may 
be necessary to keep them in serviceable condition. It shall see that the launches and 
vessels and their appurtenances are at all times kept clean and otherwise in good 
serviceable condition and may sell or exchange any launch or vessel belonging to 
the police fleet and, in such case, reinvest the proceeds of such sale, or make further 
exchanges as may appear to be necessary and best for the interest of the State. 
1952 (47) 2890. 

§ 28-164. Enforcement officers and other employees. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-165. Qualificaions of chief inspector. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2S90 to 2S94. 

§ 28-166. Residence of chief inspector; compensation, oath, bond and term. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2S90 to 2S94. 

§ 28-167. Chief inspector custodian of equipment. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-168. Bond and oath of secretary. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-169. Uniforms and badges. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-170. Duties of inspectors ; power of arrest. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-171. Duties of assistant inspectors. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-172. Authority of inspectors. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-173. Assistants to account for equipment. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2S94. 

§ 28-174. Department may make rules, etc. ; penalties for violation. 

The Department may adopt and promulgate rules and regulations for the gov- 
ernment of the force under its control and for the control of fisheries, not contrary 
to or inconsistent with the laws and policy of the State, having the force and 
effect of law and may provide penalties for violation thereof not to exceed forfeiture 
of license or privilege previously granted by the Department. 

1952 (47) 2890. 

§ 28-175. Reports of violations from inspectors. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-176. Monthly reports of assistant inspectors. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 28-177. Monthly reports of chief inspector. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894. 

§ 23-178. Records of Division. 
The records and documents in the office of the Division shall include : 
(1) A record of leases granted for bottoms for the propagation of shellfish and 

the subsequent changes of ownership thereof; 



Ill Code of Laws of South Carolina, 1952 § 28-201 

(2) The particulars and amounts of all licenses and permits of every kind issued ; 

(3) A tabulated record of the quantity of each kind of fish taken in the waters 
of the State, the commercial value thereof, the amount exported and the amount 
consumed within the State; 

(4) The number of men engaged in the various branches of the fishing indus- 
tries and their approximate earnings ; and 

(5) Any other matter which to them may appear advisable. All of such records 
shall be at all times open for inspection by the Governor or the Comptroller General 
or their accredited agents. 

1952 (47) 2890. 

§ 28-179. Prosecution of violators. 

The Division may prosecute for violations of such laws when in its judgment 
such prosecutions are for the best interests of industries or of the State and to 
that end may employ counsel having special knowledge of the fisheries laws and 
of the matters pertaining to fisheries and coastal conditions to work up and conduct 
such prosecutions in the inferior courts and to assist the solicitor in the court of 
general sessions and Supreme Court should he desire such assistance. 

1952 (47) 2890. 

§ 28-180. Definitions. 

Provisions hereof transferred to § 28-151. 

CHAPTER 4. 
Atlantic States Marine Fisheries Commission. 
§ 28-201. State members of Commission. 

In pursuance of Article III of the Atlantic States Marine Fisheries Compact, 
of which this State is a signatory, there shall be three members, hereinafter called 
Commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter 
called the Commission, from this State. The first Commissioner from this State shall 
be the Director of the Division of Commercial Fisheries ex officio, and the term 
of any such ex officio Commissioner shall terminate at the time he ceases to hold 
said office and his successor as Commissioner shall be his successor as Director of 
the Division of Commercial Fisheries. The second Commissioner from this State 
shall be a legislator and member of the Commission on interstate cooperation of 
this State ex officio, designated by said Commission on interstate cooperation and 
the term of any such ex officio Commissioner shall terminate at the time he ceases 
to hold such legislative position or such position as Commissioner on interstate 
cooperation and his successor as Commissioner shall be named in like manner. The 
Governor, by and with the advice and consent of the Senate, shall appoint a citizen 
as a third Commissioner who shall have a knowledge of and interest in the marine 
fisheries problem. The term of such Commissioner shall be three years and he 
shall hold office until his successor shall be appointed and qualified. Vacancies oc- 
curring in the office of such Commissioner from any reason or cause shall be filled 
by appointment by the Governor, by and with the advice and consent of the Senate, 
for the unexpired term. The Director of the Division of Commercial Fisheries as 
ex officio Commissioner may delegate, from time to time, to any deputy or other 
subordinate in his department or office, the power to be present and participate, 



§ 28-201 1952 Supplement 112 

including voting as his representative or substitute, at any meeting of or hearing 
by or other proceeding of the Commission. The terms of each of the initial three 
members shall begin at the date of the appointment of the appointive Commissioner, 
provided the compact shall then have gone into effect in accordance with Article II 
thereof and otherwise shall begin upon the date upon which the compact shall 
become effective in accordance with said Article II. 

Any commissioner may be removed from office by the Governor upon charges 
and after a hearing, but opportunity to be heard shall be given. 
1952 (47) 2890. 

CHAPTER 6. 

Protection of Game. 

Article 1. Article 6. 

General Provisions, § 28-301. Foxes and Wildcats, § 28-421. 

Article 2. Article 7. 

Hunting Licenses, § 28-311. Special Provisions Relating to other 

Article 3. Animals and Game, § 28-453. 

Closed and Open Seasons, § 28-332. Article 8. 

Article 4. Furs, Traps, ets., § 28-481. 

Bag Limits; Transportation and Shipment, Article 9. 

§ 28-371. Sanctuaries, Propagation, Preserves and 

Article 5. Breeding, § 28-511. 

Wild Non-Game Birds, § 28-401. 

Article 1. 
General Provisions. 

§ 28-301. Penalty for violation of Federal migratory regulations. 

The federal migratory bird treaty regulations being the supreme law of the 
land under Article VI of the Constitution of the United States are hereby declared 
to be the law of this State and the penalty for their violation shall be punishment of 
not less than twenty-five dollars nor more than one hundred dollars fine or thirty 
days imprisonment. 

1952 (47) 2179. 

§ 28-304. Keeping of certain game in cold storage. 

It shall be unlawful to keep any of the birds or animals forbidden to be sold by 
the terms of §§ 28-459 and 28-468 in cold storage or refrigerating plants except 
in a private dwelling unless the bird or animal in cold storage, or the package 
containing same, shall bear the name and address and the serial number and the 
class of the hunting license of the owner of such bird or animal. Any person violat- 
ing this section shall be fined not less than fifty dollars, nor more than one hundred 
dollars, or imprisoned one day for each dollar fined or unpaid, either or both. 

1952 (47) 2179. 

Article 2. 

Hunting Licenses. 

§ 28-311. Requirement of licenses. 

It shall be unlawful for anyone to hunt within this State without first procuring a 
license to do so in the county in which he may propose to hunt or in an adjoining 
county of this State, except landowners and members of their families hunting or 
fishing on their own lands or in waters on their lands leased by them. 

1952 Code § 28-311; 1952 (47) 2179. 

§ 28-314. Same ; special provision for Saluda County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 



113 Code of Laws of South Carolina, 1952 § 28-325 

§ 28-315. Form of license. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-316. Hunting licenses made of cloth or paper. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-318. Game wardens not to post-date licenses. 

All game wardens and their respective agents in this State are hereby prohibited 
from post-dating any hunting license. Any game warden or his agent violating the 
provisions of this section shall be guilty of a misdemeanor and punished by a fine 
of not less than twenty-five dollars or more than one hundred dollars or thirty 
days imprisonment. 

1952 (47) 2179. 

§ 28-319. Sale or issuance outside of the State. 

No hunting license shall be sold or issued outside of the boundaries of this State. 
1952 (47) 2179. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 
I 

§ 28-320. Licensee to possess and display certificate on demand. 

Every licensee shall carry on his person the hunting license and upon demand 
shall show it to any game warden or officer of the law. Anyone violating the pro- 
visions hereof shall, upon conviction be sentenced to pay a fine of not less than 
twenty-five dollars nor more than one hundred dollars or thirty days imprisonment. 

1952 (47) 2179. 

§ 28-321. Issue of duplicate licenses. 

Duplicate hunting license shall only be issued by the Director, upon affidavit from 
licensee as to loss of original hunting license purchased, upon payment by licensee 
of the cost of the duplicate. 

1952 (47) 2179. 

§ 28-322. Loan, etc., of license unlawful. 

It shall be unlawful for any person to borrow, loan or exchange a hunting license 
with another person. A violator of this section shall be liable to the penalties of 
§ 28-320. 

1952 Code, § 28-322; 1952 (47) 2179. 

§ 28-323. General penalty. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-324. Penalties for lending, etc. license. 

Any person convicted of borrowing, lending or exchanging a hunting license 
with another person, in addition to suffering the penalties set forth in § 28-320, shall 
forfeit such hunting license and all right to such hunting license and be prohibited 
from procuring another hunting license for the season for which the hunting license 
so borrowed, exchanged or loaned was issued. Should a person attempt to hunt or 
hunt while laboring under such prohibition, such person shall be guilty of hunting 
without the proper hunting license and subject to the penalty now provided by 
law for hunting without license. 

1952 Code § 28-324; 1952 (47) 2179. 

§ 28-325. Penalties for nonresident hunting without license. 

The penalty for a nonresident hunting without a nonresident hunting license in 
this State shall be a fine of not less than fifty dollars nor more than one hundred 



§ 28-325 1952 Supplement 114 

dollars or imprisonment for not less than ten days nor more than thirty days for 
the first day of such offense, and five dollars per day additional for each successive 
day of such offense. 
1952 (47) 2179. 

Article 3. 

Closed and Open Seasons. 

§ 28-332. Same ; closed season on pheasants until 1957. 

Until April 24, 1957, it shall be unlawful to hunt and kill with firearms or trap 
pheasants in this State except within the confines of privately owned preserves duly 
licensed by the Director. 

1952 (47) 2179. 

§ 28-334. Same; special provisions for Game Zone No. 2. 

There are hereby created open and closed seasons for the hunting of game in 
Game Zone No. 2 as follows : 

( 1 ) There shall be no open season for the hunting of turikeys ; 

(2) There shall be no open season for the hunting of deer; 

(3) The open season for hunting raccoons and squirrels shall be from October 
1 to February 15 of each year. 

(4) The open season for the hunting of opossum shall be from September 1st 
to February 15th of each year; and 

(5) The open season for the hunting of rabbits and quail shall be from and 
including Thanksgiving Day to February 15th of each year but rabbits may be 
hunted without guns, and with dogs only from September 1st to Thanksgiving 
Day of each year. 

Any violation of any of the provisions of this section and § 28-358 shall be 
punishable by a fine of not more than one hundred dollars nor less than ten dollars 
or by imprisonment for not more than thirty days. 

1952 Code § 28-334; 1952 (47) 2179. 

§ 28-334.1. Same; exceptions for Anderson County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-335. Seasons to hunt game birds and animals in Game Zone No. 4. 

The open season for the hunting with firearms of rabbits, quail, and all other 
game birds or animals, except those coming under the provisions of the Federal 
Migratory Bird Treaty, in Game Zone No. 4 shall be from Thanksgiving Day to 
February first of the following year, both dates inclusive, 

except that bobwhite quail in game zone No. 4 may be hunted from Thanksgiv- 
ing Day to February first, both inclusive, of each year. Any violation of any of the 
provisions of this paragraph shall be punishable by a fine of not more than one 
hundred dollars nor less than ten dollars or imprisonment for not exceeding thirty 
days, and 

except that squirrels in Game Zone No. 4 may be hunted from the first day of 
October of each year until the first day of March of the following year, both dates 
inclusive. It shall be unlawful for any person to hunt squirrels in any of the coun- 
ties comprising said zone except during the open season, and any person so doing 
shall be guilty of a misdemeanor and. upon conviction, lie punishable by a fine of not 



115 Code of Laws of South Carolina, 1952 § 28-342 

more than one hundred dollars nor less than ten dollars or imprisonment for not 
exceeding thirty days, and 

except that domestic doves in Game Zone No. 4 may be hunted from September 
fifteenth to October fifteenth, both dates inclusive. 

Any violation of any of the provisions of these paragraphs shall be punished by a 
fine of not more than one hundred dollars nor less than ten dollars, or imprison- 
ment for not exceeding thirty days. 

1952 (47) 2179. 

§ 28-336. Same ; § 28-335 not applicable to Lancaster County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-338.1. Special provisions for Game Zone No. 7. 

There are hereby created open and closed seasons for the hunting of game in 
Game Zone No. 7 as follows: 

( 1 ) There shall be no open season for the hunting of turkeys until April 24, 
1954; 

(2) The open season for the hunting of buck deer shall be from September 15th 
to January 1st, inclusive; 

(3) There shall be no open season for the hunting of female deer; 

(4) The open season for the hunting of raccoon, mink, muskrat and otter shall 
be from September 15th to March 1st, inclusive; 

(5) The open season for the hunting of squirrels shall be from October 1st to 
February 1st, inclusive; 

(6) The open season for the hunting of quail shall be from sunrise to sunset on 
Thanksgiving Day and Friday and Saturday following and from the second Mon- 
day in December to February 1 5th, inclusive ; and 

(7) There shall be no closed season for the hunting of opossums, rabbits or 
foxes. 

1952 (47) 2179. 

§ 28-338.2. Same; presumption from possession of excessive game. 

Any person having in his possession on any lake, strsam, river, or their tribu- 
taries, going to or coming from such lake, stream, river, or their tributaries, or in 
the fields or woods, or going to or coming from the fields or woods, any game in 
excess of the limits set out in § 28-376.1 or in any state statute shall be presumed 
to have killed or caught the same. 

1952 (47) 2179. 

§ 28-338.4. Quail and partridges in Clarendon and Sumter Counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-339. No wild turkey open season until 1954 in Lexington and Sumter 
Counties. 

Repealed by 1952 A. cS: J. R. (47 St. at L.) pp 2179 to 2219. 
§ 28-339.1. Quail, partridges and rabbits in Bamberg County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-340. Opossums in Beaufort County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-342. Exceptions for Chesterfield County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 



§ 28-343 1952 Supplement 116 

§ 28-343. Exceptions for Clarendon County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-344. Deer and game birds in Colleton County. 
Repealed by 1952 A. & J. R. (47 St. at L-l pp 2179 to 2219. 

§ 28-344.1. Quail and partridges in Darlington County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-345. Quail in Edgefield County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-346. Doves in Florence County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-348. Domestic doves in Lancaster County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-348.1. Quail and partridges in Lee County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-349. Exceptions for Lexington County. 

Repealed by 1952 A. & J. R. (47 St. at L.) p£ 2179 to 2219. 

§ 28-351. Closed season on wild turkeys until 1953 in Marlboro County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-352. Deer, quail and squirrels in Marlboro County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-353. Open season on wild turkey, Richland County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-354. Deer in Sumter County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-356. When raccoons and squirrels may be killed out of season. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-359. Closing or shortening season on game in waters or swamps during 
abnormal conditions. 

The Director may in his discretion declare a closed season for a period of not 
over ten days at any one time on any of the waters or swamps in the State when it 
shall appear to him on account of abnormal conditions, such as freezes or freshets, 
that deer or other game cannot protect themselves. The Director shall give notice 
of the closed or shortened season so declared by publication in at least two daily 
newspapers and in a newspaper of the count}- in which the closed or shortened 
season is declared if such county has a newspaper therein, stating the length of 
period of such closed or shortened season. Any person found hunting with gun or 
dog within the restricted territory during a closed season so declared, shall be 
prima facie guilty of a violation of the provisions of this section, regardless of 
whether he has killed any game or not. The penalty for a violation of the provi- 
sions of this section shall be a fine of not less than fifty dollars nor more than one 
hundred dollars, or imprisonment for not less than thirty days. 

1952 Code § 28-359; 1952 (47) 2179. 

§ 28-360. Applicability of certain sections to Game Zone No. 4 generally and 
to Lancaster County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 



117 Code of Laws of South Carolina, 1952 § 28-384 

§ 28-361. Shortening hunting season to preserve game in Zone No. 4. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

Article 4. 
Bag Limits; Transportation and Shipment. 

§ 28-371. Bag limits for quail, partridges and turkeys. 

The bag limit for quail or partridges shall be fifteen per day to the hunter and 
the bag limit for wild turkeys shall be two male turkeys per day and a total of five 
per season to the hunter. 

1952 Code § 28-371; 1952 (47) 2179. 

§ 28-374. Limit for rabbits in Game Zone No. 4. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-375. Same; section inapplicable to Lancaster and York Counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-377. Limits for quail in Clarendon and Saluda Counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-378. Limits in Colleton County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-379. Limit on turkeys in Richland County until June 9, 1954. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-380. Limit for squirrels in York County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-382. Limit for shipment of game within the State. 

It shall be lawful for a person to ship during any one week not over the bag 
limit for two days, as provided by law, of any domestic game birds or animals to 
any private address in this State when he shall have conformed to the rules and 
regulations prescribed by the Director under § 28-383. 

1952 (47) 2179. 

§ 28-383. Label. 

Any person so desiring to ship game birds or animals as above described during 
the open season for such game birds or animals or within five days after the closing 
of the same shall make application to the Director or his deputy and upon such 
application the Director or his deputy, if it shall appear to him that such shipment 
is for private and personal use and not for the sale of such game birds or animals, 
shall issue to the applicant a tag or label for use in shipping such game birds or 
animals. Such label shall be of such design and in such form as the Director shall 
prescribe. 

1952 (47) 2179. 

§ 28-384. When transportation company not to receive game. 

It shall be unlawful for any transportation company to receive for shipment any 
of the game birds or animals of the State, except in season, and unless the package 
containing them shall be so labeled as to show the consignor or consignee and the 
number and kind of game birds or animals. 

1952 (47) 2179. 



§ 28-387 1952 Supplement 118 

§ 28-387. Shipping of game beyond State limits by landowner or licensee. 

It shall be lawful for any landowner or licensee to ship beyond the limits of this 
State during any one week not over the bag limit for one day, as provided by law, 
of any domestic game birds or animals, when he shall have conformed to the rules 
and regulations prescribed by the Director under this section. Any landowner or 
licensee desiring to ship domestic game birds or animals beyond the limits of the 
State, during the open season for such game birds or animals, shall make applica- 
tion to the Director, giving location of property and class and serial number of 
license held and upon such application, if it shall appear to the Director that such 
shipment is for private, personal or charitable use and not for sale of such game 
birds or animals he may issue to the applicant a tag or label for use in shipping 
such game birds and animals, said tag or label to be of such design and in such 
form as the Director shall prescribe. Any person shipping or receiving for ship- 
ment beyond the limits of the State any domestic game birds or animals in viola- 
tion of the provisions of this section shall be liable to a fine of not less than fifty 
dollars nor more than one hundred dollars, or imprisonment for thirty days for 
each and every offense. 

19S2 (47) 2179. 

Article 5. 

Wild Non-Game Birds. 

§ 28-401. Killing, etc. of wild nongame birds; buzzards; nests and eggs of 
wild birds. 

No person within the State shall kill, catch or have in his possession, living or 
dead, any resident or migratory wild bird other than a game bird or buzzard or 
purchase, offer or expose for sale any such wild non-game bird after it has been 
killed or caught, except as permitted by § 28-405 and § 28-406. 

1952 (47) 2179. 

§ 28-402. Sale of plumage, skin or body of such birds. 

No part of the plumage, skin or body of any bird protected by § 28-401 shall be 
sold or had in possession for sale, and this irrespective of whether such bird was 
captured or killed within or without the State. 

1952 (47) 2179. 

§ 28-403. Destruction of eggs or nests of wild birds. 

No person within the State shall take or destroy, or attempt to take or destroy, 
the nest or the eggs of any wild bird, or have such nest or eggs in his possession, 
except as permitted in § 28-401. 

1952 (47) 2179. 

§ 28-404. Wild non-game birds not to be transported. 

It shall be unlawful for any common carrier, its officers, agents or servants, to 
ship, carry, take or transport, either within or beyond the confines of the State, 
any resident or migratory wild non-game bird, except as permitted by § 28-406. 

1952 (47) 2179. 

§ 28-405. Exceptions to §§ 28-401 to 28-404. 

Sections 28-401 to 28-404 shall not apply to any person holding a certificate giving 
the right to take birds, their nests or eggs, for strictly scientific purposes, as pro- 
vided for in § 28-406, nor shall anything contained in §§ 28-401 to 28-404 prevent 



119 Code of Laws of South Carolina, 1952 § 28-426 

any householder from keeping resident or migratory birds, whether game or non- 
game, in aviaries or cages as pets or for experimental and breeding purposes or 
from trapping or catching them for such purposes on his own lands and if they 
are not kept for barter, sale or exchange. 
1952 (47) 2179. 

§ 28-406. Issue of certificates. 

Certificates may be granted by the Director to any properly accredited person 
of the age of fifteen years or upwards, permitting the holder thereof to collect birds, 
their nests or eggs, for strictly scientific purposes only. In order to obtain such 
certificate the applicant for the same must present to the Director written testi- 
monials from two well known ornithologists, certifying to the good character and 
fitness of the applicant to be entrusted with such privilege, and must pay to such 
office one dollar to defray the necessary expenses attending the granting of such 
certificate. On proof that the holder of such certificate has captured or killed any 
bird, or taken the nest or eggs of any bird for other than scientific purposes, the 
certificate shall become void and he shall be liable to a fine of not more than one 
hundred dollars, or imprisonment not exceeding thirty days. The certificates author- 
ized by this section shall expire on the thirty-first day of December of the year 
issued, and shall not be transferable. 

1952 (47) 2179. 

§ 28-407. Penalties. 

Any person violating any of the provisions of §§ 28-401 to 28-404 shall be guilty 
of a misdemeanor, and shall be liable to a fine of not less than one dollar nor more 
than five dolars for each bird, living or dead, or part of a bird, or nest or set of 
e ggs. or P art thereof, killed or captured or possessed, in violation of said sections, 
or be imprisoned in the county jail for not more than thirty days. 

1952 (47) 2179. 

Article 6. 

Foxes and Wildcats. 
§ 28-421. When may hunt foxes. 

Foxes may be hunted any time except that firearms may not be used between 
January second and August fifteenth. 

1952 (47) 2179. 

§ 28-422. Same; exception for Game Zone No. 2. 

The open season for hunting of foxes in Game Zone No. 2 shall be from Sep- 
tember first to March first and then only with dogs. 

1952 Code § 28-422; 1952 (47) 2179. 

§ 28-423. Same; exception for Game Zone No. 4. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-424. Same; exceptions in certain counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-425. Same; exception for Berkeley and Dorchester Counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-426. Same; exception for Aiken County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 



§ 28-427 1952 Supplement 120 

§ 28-427. Same; exception for Beaufort Couny. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-428. Same; exception for Darlington County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-430. Same; exception in Chesterfield County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-431. Same; bounties for killing in Colleton County. 

The governing body of the county and other governing bodies in the county 
may pay such bounties as they deem proper for the lawful killing of foxes and may 
establish such regulations with respect to the payment of such bounties as they 
deem proper in the circumstances. 

1952 (47) 2179. 

§ 28-432. Same ; exception in Edgefield County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-433. Same; exception for Kershaw County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-434. Same; exception in Saluda County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-435. Same; exception for Williamsburg County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-437. Foxes destroying property or during rabies epidemic. 

Whenever it shall appear that foxes are destroying birds, poultry, pigs, lambs 
or other property in any county in this State or there is an apparent epidemic of 
rabies in same the Director, upon the written request of a majority of the legisla- 
tive delegation of any such county, shall declare an open season on foxes, with 
the use of firearms, in such county for such period of time as the delegation may 
deem desirable. 

1952 (47) 2179. 

§ 28-439. Bounty for foxes killed in Anderson, Greenville and Laurens Coun- 
ties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

Article 7. 
Special Provisions Relating to Other Animals and Game. 

§ 28-453. Same; absolute prohibition in Edgefield County. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-457. Forfeiture of vehicles, etc., used in hunting deer at night. 

Every vehicle, boat, animal and firearm used in the hunting of deer at night is 
hereby declared forfeited to the State and shall be confiscated by any peace officer, 
who shall forthwith deliver the same to the Director or his duly authorized agent. 
The term "hunting" as used in this section in reference to a vehicle or boat shall 
include the transportation of a hunter to or from the place of hunting and the 
transportation of the carcass, or any part thereof, of a deer which has been un- 
lawfully killed at night. 

1952 (47) 2179. 



121 Code of Laws of South Carolina, 1952 § 28-464 

§ 28-458. Sale of such vehicles, etc. 

The Director or his authorized agent shall sell any such vehicle, boat, animal or 
firearm at public auction for cash to the highest bidder, in front of the county court- 
house in the county where same is confiscated, after having given ten days' public 
notice of such sale by posting advertisement thereot on the door or bulletin board 
of the county courthouse or by publishing such advertisement at least once in a 
newspaper of general circulation in the said county. Upon such sale the Director 
shall pay over the net proceeds thereof, after payment of the proper costs and 
expenses, if any, of the seizure, advertisement and sale, including any proper ex- 
pense incurred for the storage of such vehicle or boat or for the housing and feed- 
ing of such animal pending the sale, to the State Treasurer for deposit in the game 
protection fund. But wherever said vehicle or boat or animal is of greater value 
than one thousand dollars, the owner thereof may at any time before sale redeem 
the same by paying to the Director for deposit as aforesaid, the sum of one thou- 
sand dollars therefor. 

1952 (47) 2179. 

§ 28-459. Buying or selling deer. 

It shall be unlawful to buy or sell, offer for sale or barter, or to have in posses- 
sion for sale any deer or part thereof. For violation of this section, upon conviction 
of the party shall be fined not less than twenty-five dollars nor more than one hun- 
dred dollars or imprisoned for not more than thirty days for any deer or part 
thereof so bought, sold, offered for sale, bartered or had in possession for sale. 

19S2 (47) 2179. 

§ 28-460. Possession of venison or fresh deer skins during closed season. 

Any person in whose possession recently killed venison or fresh deer skins shall 
be found during the closed season for hunting deer shall be guilty of a misdemeanor, 
and upon conviction, be fined not more than one hundred dollars nor less than 
twenty-five dollars or imprisoned not exceeding thirty days. 

1952 (47) 2179. 

§ 28-460.1. Possession of beheaded deer in transit in Game Zone No. 6. 

It shall be unlawful in Game Zone No. 6 of this State for any person to have in 
his possession any deer with the head detached, when such person is in transit from 
any woods, swamps, fields or roads. 

The possession of any deer with the head detached shall be prima facie evidence 
that the deer is a doe. Provided, that this shall not apply to possession at a private 
residence or place of business. Any person transporting a deer with the head de- 
tached shall be subject to fine of not less than twenty-five dollars and not more 
than one hundred dollars or thirty days' imprisonment, or both. 

1952 (47) 1944. 

§ 28-464. Catching, killing or detaining pigeons. 

No person, except the owner thereof, shall catch, kill, capture or detain any 
homing, racing or carrier pigeon, which at the time of its capture or detention has 
the name or initials of its owner, its number or any other mark designating it as 
a homing, racing or carrier pigeon. Any person violating the provisions of this 
section shall be guilty of a misdemeanor and upon conviction shall be punished by 



§ 28-464 1952 Supplement 122 

a fine of not more than one hundred dollars or imprisonment of not exceeding 
thirty days. 
1952 (47) 2179. 

§ 28-465. Coyotes destroying property or during rabies epidemic. 

Whenever it shall appear that coyotes are destroying birds, poultry, pigs, lambs 
or other property in any county in this State or there is an apparent epidemic of 
rabies in same the Director, upon the written request of a majority of the legis- 
lative delegation of any such county, shall declare an open season on coyotes, with 
the use of firearms, in such county for such period of time as the delegation may 
deem desirable. 

1952 (47) 2179. 

§ 28-466. Coyotes not to be brought into State ; trapping, releasing or killing. 

It shall be unlawful to bring a coyote into the State in any manner, except one 
brought into the State and kept in captivity for exhibition purposes, or to release 
a coyote within the State. Any violation of this section shall be punishable by 
imprisonment for not more than one year or by a fine not exceeding five hundred 
dollars. 

It shall be lawful for any person to trap or kill any coyote in this State at any 
time. A permit shall be obtained from a game warden to trap coyotes outside trap 
distance limits prescribed in § 28-490. 

1952 (47) 2179. 

§ 28-469. Raccoons and squirrels destroying crops. 

Raccoons and squirrels may be killed by owners of crops from July fifteenth, if 
such animals are destroying said crops. 

1952 (47) 2179. 

§ 28-470. Pheasant eggs. 

It shall be lawful for anyone to own, possess, control, sell or otherwise dispose 
of pheasant eggs within this State or to sell or otherwise dispose of such eggs 
beyond the borders of the State, under such regulations as the Director may promul- 
gate. 

1952 (47) 2179. 

§ 28-471. Rabbits destroying crops. 

When in any section of any county, or in any county, rabbits are destroying crops, 
the Director, upon request of a majority of the legislative delegation from such 
county in writing, may declare an open season on rabbits that are destroying crops 
for such period of time as may be deemed advisable to the protection of such crops. 

1952 (47) 2179. 

§ 28-474. Permit to poison predatory animals. 

Any person desiring to put out poison on lands belonging to such person for 
the purpose of poisoning predatory animals shall first obtain a permit from the 
Director. He shall publish the dates such poison will be put out and describe the 
areas where same will be placed by one notice in a newspaper published in the 
county in which such lands are situate. Poison may not be put out on lands in 
this State otherwise. Any person violating the provision of this section shall be 
guilty of a misdemeanor and shall be subject to a fine of not less than twenty-five 



123 Code of Laws of South Carolina, 1952 § 28-485 

dollars, or more than one hundred dollars, or imprisonment of not less than ten 
days or more than thirty days. 
1952 (47) 2179. 

Article 8. 

Furs, Traps, etc. 

§ 28-481. License to buy furs, hides, pelts, etc. 

It shall be unlawful for any person to engage in the business of buying furs, 
hides, except hides of domestic animals, pelts, or similar articles in this State with- 
out first procuring a license to do so from the Director's office. Any resident of 
this State may procure a State license for such purposes upon the payment of an 
annual license fee of twenty-five dollars, which shall entitle such resident to pur- 
chase such articles in all counties in the State. A nonresident engaged in the buy- 
ing of such articles shall pay an annual license fee of one hundred dollars. Every 
person engaged in the business of buying such articles shall be required to pur- 
chase a separate license for each individual buyer. 

It shall be unlawful for any person to borrow, loan or exchange a license. 

Any person violating any of the provisions of this section shall be guilty of a 
misdemeanor and upon conviction shall be fined not less than one hundred dollars 
nor more than five hundred dollars or imprisoned for not less than thirty days nor 
more than six months. 

1952 (47) 2179. 

§ 28-483. Tag for skins of game animals bought, stored or transported. 

All persons buying, storing, shipping or transporting furs, pelts, skins or hides 
shall make application to the game warden or his authorized deputy for a tag or 
label, which shall be securely attached to the fur, pelt, skin or hide so bought, stored, 
shipped or transported. Such tags or labels shall be of such design and in such 
form as the Director may prescribe and the cost of such tags or labels to the per- 
son buying, storing, shipping or transporting such furs, pelts, skins or hides shall 
be according to the following schedules for each tag or label : 

( 1 ) An otter or a red fox hide or skin, one dollar ; 

(2) A raccoon, grey fox or mink hide or skin, fifteen cents; 

(3) A skunk hide or skin, ten cents; and 

(4) An opossum or muskrat hide or skin, five cents. 

The tag shall be purchased in the county in which the furs, pelts, hides or skins 
are bought, stored, shipped or transported. 

The penalty for violation of this section shall be punishment by a fine of not 
less than one hundred dollars, nor more than five hundred dollars, or imprisonment 
for not less than thirty days, nor more than six months, for each and every offense. 

1952 (47) 2179. 

§ 28-485. Receipt for transportation without tag or package. 

It shall be unlawful for any person to receive for shipment or transportation any 
of the skins, furs, hides or pelts mentioned in § 28-483 except when there shall be 
affixed to each package a stamp, tag or label furnished by the Director or his au- 
thorized deputy, certifying that the tags or labels required to be attached to each 
article contained in such package under the provisions of said section have been 
properly attached and paid for. Any game warden or representative of the Director 



§ 28-485 1952 Supplement 124 

may open and inspect any package containing furs, pelts, hides or skins shipped or 
transported for the purpose of ascertaining whether the tags provided for have 
been properly attached to each article as required in said section. Any person vio- 
lating the provisions of this section shall be guilty of a misdemeanor and, upon 
conviction, shall be fined not less thari one hundred dollars, nor more than five 
hundred dollars, or imprisoned for not less than thirty days nor more than six 
months. 

1952 (47) 2179. 

§ 28-486. Reports of shipment. 

Every person shipping or transporting skins, pelts, furs or hides shall make a 
report to a game warden in the county on or before the fifteenth day of each month 
stating the number of skins, pelts, furs or hides that have been shipped or trans- 
ported during the preceding calendar month. The penalty for failure to make such 
report shall be a fine of not less than one hundred dollars, nor more than five hun- 
dred dollars for each offense, or imprisonment for not less than thirty days nor 
more than six months for each offense. 

1952 (47) 2179. 

§ 28-487. Control of tags; proceeds of sale. 

All tags or labels placed with any game warden or other person for sale and the 
proceeds arising from the sale of all tags or labels are to be held in trust, subject to 
the order of the Director. All funds arising from the sale of all tags or labels shall 
be paid over to the Director at such times as he may direct and all unused tags or 
labels shall be returned to the Director upon demand. All game wardens or other 
persons with whom tags or labels are placed for sale shall be liable for the loss, 
misplacement or destruction of such tags or labels while in their care to the full 
extent of the value thereof. All game wardens or other persons who shall fail or 
neglect to remit to the Director for all funds arising from the sale of tags or labels 
or who shall fail or neglect to return to the Director any unused tags or labels, 
upon demand of the Director for such funds or unused tags or labels, shall be 
liable to a fine of not less than five hundred dollars or imprisonment for six months, 
in addition to the full value of the tags or labels placed with the game warden or 
other person for sale. 

1952 (47) 2179. 

§ 28-489. Use of "dead fall" trap prohibited for certain trapping. 

The use of a trap commonly known as a "dead jail" for the catching or trapping of 
animals is unlawful. Any person violating this section shall be guilty of a misde- 
meanor, and upon conviction, shall be fined not less than twenty-five dollars nor 
more than one hundred dollars or be imprisoned for more than thirty days. 

1952 (47) 2179. 

§ 28-491. Same; exception for Aiken County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-492. Same; exceptions in Wateree Swamp and Poinsett Area. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-493. Same; exception in Kershaw County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 



125 Code of Laws of South Carolina, 1952 § 28-521 

§ 28-494. Disposition of certain fees and fines. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

Article 9. 
Sanctuaries, Propagation, Preserves and Breeding. 

§ 28-511. Establishment of game sanctuaries. 

The Director shall, without any cost whatsoever to the State, designate and 
establish sanctuaries where game, birds and animals may breed, unmolested, if any 
landowner shall enter into any agreement with the Director to set aside and turn 
over to the State for such purpose any certain number of acres of land. There shall 
be no hunting or trespassing upon such lands so designated as a sanctuary by any- 
one for a period of five years from date of such agreement. The Director may post 
such lands so designated as a sanctuary in the name of the State and prosecute 
any person hunting or trespassing thereon. Any agreement entered into under the 
authority herein given may be terminated at any time by the mutual consent of the 
landowner and the Director. And anyone hunting or trespassing upon any land 
designated as a sanctuary under the provisions of this section shall be fined for 
each offense not less than one hundred dollars nor more than two hundred dollars 
or imprisoned for not less than one nor more than six months. 

1952 (47) 2179. 

§ 28-515. Game sanctuary in Orangeburg County. 

The Director may establish the area hereinafter designated as a game sanctuary 
for such period or periods as he may fix, not to exceed five years from June 4 
1949. The area referred to in this section contains approximately nine hundred acres 
near Butaw Springs in Orangeburg County and is bounded on the north by Lake 
Marion at 68 foot level, on the south by public road, South Carolina Highway S-38- 
137, on the east by the Old Ferguson Railroad Bed, leading from said public road 
to 68 foot water level in Lake Marion, and on the west by 70 foot water level on 
the east side of Eutaw Creek. The boundary lines of the area shall be marked by 
appropriate signs which clearly indicate that the area is closed only to hunting. 
This section shall not be construed to prohibit fishing in this sanctuary. 

1952 (47) 2179. 

§ 28-520. Jackson National Forest game refuge. 

The Director may take over the Jackson National Forest as a game refuge, 
comply with the conditions required by the United States Government, through its 
department of agriculture, with reference thereto and employ a game warden and 
pay him a salary not to exceed the amount provided by law in order that he may 
live on this property and protect it. The above-mentioned expenditures shall be 
paid out of the game protection fund. 

19S2 (47) 2179. 

§ 28-521. Camp Moore game propagation farm. 

The supervision of the game propagation farm on the property of the State in 
Lexington County known as "Camp Moore" at Styx shall be under the direction 
and authority of the Director. The distribution of game birds or animals raised on 
said game propagation farm shall be made to citizens of the State upon requisitions 
endorsed by the respective county legislative delegations, in such proportions and 



§ 28-521 1952 Supplement 126 

in such manner as may be deemed proper and appropriate by the Director for the 
purpose of restocking any sections of the State that have been depleted. 
1952 (47) 2179. 

§ 28-522. Hunting clubs and game preserves. 

All hunting clubs and game preserves in the State shall register with the Director 
the name and location of such club or game preserve, giving the name and post 
office address of each club or game preserve and the name and residence address 
of each and every member of such club or game preserve. Such registration shall 
be made on or before July 1st of each year of all clubs or game preserves in this 
State by that time and all new clubs or game preserves established after July 1st of 
each year shall be promptly registered with the Director. All new members taken 
into any hunting club or game preserve shall be promptly registered with the 
Director at the time they become members thereof. Between March 1st and April 
1st of each year every hunting club or game preserve shall file a report with the 
Director giving the number and kind of game birds and game animals killed or 
taken by the members of such hunting club or game preserve during the hunting 
season ending March 1st of each year. The penalty for violating any provision of 
this section shall be a fine of not less than twenty-five dollars, nor more than one 
hundred dollars, or imprisonment for not less than thirty days nor more than six 
months. 

1952 (47) 2179. 

§ 28-523. Breeding game birds otber than pheasants for commercial purposes. 

Any person desiring to engage in the business of raising, breeding and selling 
any live game bird other than a pheasant in a wholly enclosed preserve or entire 
island of which he is the owner or lessee, may make application in writing to the 
Director for a license to do so and the Director when it shall appear that such 
application is made in good faith shall, upon the payment of a fee of two dollars and 
fifty cents issue to such applicant a breeder's license, permitting such applicant to 
raise, breed and sell such game birds on such preserve or entire island and to sell 
the same at any time for breeding or stocking purposes. Such license shall expire 
on the last day of January of each year. Any person who secures a breeder's per- 
mit from the Director may secure from the Director's office a permit allowing the 
shipping of such live birds that he raises beyond the limits of the State. 

It shall be unlawful for any person to engage in raising, breeding or selling for 
stocking purposes such game birds without first obtaining a license therefor. Any 
violation of this section shall be punishable by a fine of not less than twenty-five 
dollars or imprisonment for not more than thirty days. 

1952 (47) 2179. 

§ 28-524. Breeding pheasants for commercial purposes. 

Any person desiring to engage in the business of raising, breeding and selling 
pheasants for breeding and stocking purposes, including the sale of dead birds 
deemed unsuited for breeding purposes, in a wholly enclosed preserve of which 
such person is the owner or lessee, may make application in writing to the Director 
for a license to do so. The Director, when it shall appear that such application is 
made in good faith, shall, upon the payment of a fee of two dollars and fifty cents. 
issue to such applicant a breeder's license, permitting such applicant to raise, breed 



127 Code of Laws of South Carolina, 1952 § 28-553 

and sell pheasants on such preserve for breeding and stocking purposes, including 
the sale of dead birds deemed unsuited for breeding or stocking purposes. Such 
license shall expire on the last day of January of each year. Any person who 
secures a breeder's permit shall render promptly to the Director's office a report of 
the sale of each pheasant or eggs disposed of setting forth the purpose of such 
sale and the amount realized, together with the name and address of the purchaser 
in accordance with the reporting procedure which shall be formulated and promul- 
gated by the Director. 

It shall be unlawful for any person to engage in the raising, breeding and sale or 
to have in possession any pheasant without first obtaining a license therefor, except 
dead birds procured from a licensed breeder. Each violator of this section shall be 
guilty of a misdemeanor and upon conviction shall be fined not exceeding one hun- 
dred dollars or imprisoned for not more than thirty days. 

1952 (47) 2179. 

§ 28-525. Distribution of birds for restocking purposes in York County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

CHAPTER 7. 

Protection of Fish, etc. 

Article 1. Article 4. 

Licenses Generally, § 28-551. Pollution, Poisoning, etc., of Streams; 
Article 2. Dynamiting, § 28-671. 

Restrictions on Fishing Generally, § 28-571. Article 5. 

Article 3. Sale or Traffic in Fish, § 28-691. 

Seines, Traps, Obstructions in Streams, etc., Article 6. 

Generally, § 28-611. Fish Hatcheries and Fish Sanctuaries; 
Article 3.1. Propagation, § 28-711. 

Special Provisions for Game Zone No. 7, 
§ 28-661.1. 

Article 1. 
Licenses Generally. 

§ 28-551. Unlawful to fish with certain equipment without angler's license. 

It shall be unlawful for any person to fish in fresh water of this State by use of a 
fly rod, casting rod, artificial bait or any manufactured tackle or equipment other 
than ordinary hook and line, unless he has at first obtained an angler's license. 
But no license shall be required for fishing with traps or nets where fishing with 
traps or nets is lawful. 

1952 (47) 2179. 

See § 28-311 for exemptions. 

§ 28-552. When licenses not required of employees. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-553. License fee, use of receipts. 

The license fee for such fishing in this State shall be one dollar and ten cents 
per calendar year. Ten cents shall go to the agent issuing the license, and the 
remaining portion shall be used solely for the rearing, protection, propagation and 
distribution of fish, and the publicity and dissemination of information on facts and 
findings as may, in the opinion of the Department and the Director, be deemed wise 
and expedient. 

1952 (47) 2179. 



§ 28-554 1952 Supplement 128 

§ 28-554. Nonresident licenses. 

All nonresidents of this State, before fishing for game or other fish in any man- 
ner in the inland streams or waters of this State, shall first procure a nonresident 
fishing license, the fee for which shall be ten dollars and twenty-five cents. The 
license shall be in form and design as designated by the Director and shall be 
carried upon the person of the licensee at all times when fishing. It shall be unlaw- 
ful to alter or to change the date or to back date any license by the licensee, the 
selling agent or other person. Upon violation of this section the license shall im- 
mediately be forfeited to the State. Any person violating the provisions of this 
section shall, upon conviction, be fined not less than twenty-five dollars nor more 
than one hundred dollars or be imprisoned for a period not exceeding thirty days 
for each offense. All proceeds from the sale of nonresident fishing licenses shall be 
credited to the county game fund of the county in which such licenses are sold and 
the funds shall be expended in the respective counties for the propagation of fish and 
game and for the enforcement of game laws. 

1952 (47) 2179. 

See § 28-311 for exemptions. 

§ 28-556. License and certificate. 

All persons applying for a license shall receive such license as may be provided. 
Every person shall, while fishing, carry on his person his license, and shall show 
it to any officer upon demand. 

1952 (47) 2179. 

28-557. Director to provide for licenses. 

The Director of the Division of Game shall provide for the furnishing of licenses 
under the terms of § 28-556 in accordance with the provisions concerning hunting 
licenses. 

1952 (47) 2179. 
28-558. Penalties. 

Anyone convicted of violating any of the provisions of this article except § 28- 
554 shall be sentenced to pay a fine of not less than twenty-five dollars nor more 
than one hundred dollars or serve not less than ten days or more than thirty days. 

1952 (47) 2179. 
§ 28-559. Reciprocal agreement with Georgia concerning recognition of li- 
censes of persons fishing on certain waters. 

The South Carolina Wildlife Resources Department may in its discretion negoti- 
ate with the Georgia game and fish authorities for a reciprocal agreement concern- 
ing recognition of licenses for the use of persons fishing on waters adjoined by the 
two states. 

1952 (47) 1926. 

Former section repealed by 1952 A. & 1. R. (47 St. at L.) pp 2179 to 2219. 

Article 2. 
Restrictions on Fishing Generally. 

§ 28-571. How game fish must be caught. 

The catching of game lish in all waters of the Stale shall he only with hook and 
line, fly rod, casting rod, pole and line and handline. Not more than two of the 
above mentioned devices may be used by any one individual while fishing. 

1952 (47) 2179. 



129 Code of Laws of South Carolina, 1952 § 28-592 

§ 28-573. Same ; exception for carp and catfish caught under license. 

The Director may issue licenses to persons to catch carp and catfish in the waters 
of the lakes referred to in § 28-572 by the use of baskets made from split wood, 
commonly known as split wood baskets. The license fee shall be one dollar for 
each split wood basket which the licensee proposes to use. In his application to the 
Director any person desiring to be licensed to use split wood baskets in the area 
shall state the number of baskets which he desires to use and the Director, if he 
elects to license the applicant, shall issue to him a license tag which shall have such 
mark of identification as may be determined or prescribed by the Director. No 
license granted pursuant to this provision shall be effective for more than one year 
and any such license may be for such shorter period of time as the Director may 
prescribe. The Director may also prescribe regulations under which the basket may 
be operated for the particular purposes herein named not inconsistent with the 
provisions of this section. If, in the operation of these baskets, any fish other than 
catfish or carp are caught the licensee shall put these back in the water. The 
Director may also when, in his opinion, these destructive fish have become so re- 
duced in number as not to hinder materially the multiplication of fish of more 
desirable kind, discontinue the granting of such licenses. 

1952 (47) 2179. 

§ 28-574. Penalties to violate §§ 28-572 and 28-573. 

Any person violating any of the provisions of §§ 28-572 and 28-573 shall be 
guilty of a misdemeanor and shall be punished by a fine of not less than ten 
dollars nor more than one hundred dollars or by imprisonment of not less than 
ten days nor more than thirty days. 

1952 (47) 2179. 

§ 28-575. Certain methods of catching nongame fish prohibited in Colleton 
County. 

Repealed by 1952 A. & J. R. (47 St. at L.} pp 2179 to 2219. 

§ 28-577. When closed seasons declared on clear water streams. 

The Director shall declare a closed season for a period of not more than sixty 
days at any one time on fish in any clear water stream in this State on the written 
recommendation of the Senator and at least one-half of the Representatives from 
any county in which such clear water stream may be situated. 

Any person who shall take fish from any such clear water stream during any 
such closed season shall, on coviction, be fined not less than fifty dollars nor more 
than one hundred dollars or imprisoned for not less than thirty days. 

1952 (47) 2179. 

§ 23-578. Notice of such closed season. 

The Director shall give notice of the closed season so declared by publication in 
at least two daily newspapers, including a newspaper in the county in which the 
closed season is declared if such county has a newspaper therein, stating therein 
the length of period of such closed season. 

1952 (47) 2179. 

§ 28-592. Limits for part of Clarendon County. 

Repealed by 1952 A. & J. R. [47 St. at L.) pp 2179 to 2219. 



§ 28-593 1952 Supplement 130 

§ 28-593. Limits from certain waters in Game Zone No. 2. 

****** 

It shall be unlawful for any person to take and bag a bass less than ten inches in 
length and other game fish less than six inches in length from such waters in Game 
Zone Xo. 2. The measurement shall be made from the tip of the head to the tip 
of the tail. 

Any person violating any of the provisions of this section shall be guilty of a 
misdemeanor and shall be punished by a fine of not less than ten dollars nor more 
than one hundred dollars or by imprisonment of not less than ten days nor more 
than thirty days. 

1952 (47) 2179. 

§ 28-594. Restrictions on Prestwood Lake. Darlington County. 

It shall be unlawful to catch and carry away any flat fish under six inches in 
length from Prestwood Lake, in Darlington County. 

1952 (47) 2179. 

§ 28-598. Unlawful fishing in private pond without permission. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-599. Certain penalties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-600. Owners of pond must have permit to catch fish therein for propa- 
gation. 

Persons owning private ponds in this State may catch fish therein with traps or 
nets for propagation purposes only after the issuance of a permit from the Director. 
The Director may issue such rules and regulations as in his judgment are proper, 
concerning the issuance of such permit, the length of time that each permit will be 
of force, and the conditions on which issued. He may revoke such permits in his 
discretion. Xo permit shall be issued unless it be endorsed in writing by a game 
warden in the county in which it is to be used. 

1952 (47) 2179. 

Article 3. 

Seines, Traps, Obstructions in Streams, etc., Generally. 

§ 28-611. Use nets, traps, seines, trot-lines, or other devices only to catch 
non-game fish. 

Gill nets, not to extend more than halfway across a stream, lake or pond, traps, 
seines, trot-lines or other device which does not block the passage of fish in streams 
may be used only in the muddy streams, creeks and inland waters of the State for 
the purpose of catching non-game fish. Nothing herein contained shall apply to 
fishing with dip nets or skim-bow nets used by hand for the purpose of catching 
non-game fish. 

Any person using a seine, net, plan or device other than as provided in this 
section, and § 28-612, contrary to law, upon conviction, shall be fined not less than 
twenty-five dollars nor more than one hundred dollars or be imprisoned for a 
period of not more than thirty days. 

1952 (47) 2179. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 



131 Code; of Laws of South Carolina, 1952 § 28-627 

§ 28-612. Closed season on such use of seines, etc. 

There shall be a closed time, in the muddy streams, creeks and inland waters of 
the State from the setting of the sun each Saturday until the rising of the sun 
each Wednesday, during which time all seines, nets or any plan or device for 
the stoppage or collecting of fish, which obstructs any portion of any such streams, 
creeks or inland waters, shall be removed from such waters. 

1952 (47) 2179. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219 

§ 28-612.1. Seizure and forfeiture of such seines, etc. 

Whenever any seine, net or any plan or device for the stoppage or collecting of 
fish, contrary to law, shall be used, any game warden or any law enforcement officer 
may, in the name of the State, seize and hold such seine, net or plan or device for 
the stoppage or collecting of fish, and to use the same as evidence for the purpose 
of convicting any person violating the provisions of §§ 28-611 and 28-612; and, 
upon conviction, of any person so using such seine, net, plan or device for the 
stopping or collecting of fish, the same shall be forfeited to the State and sold, 
proceeds of such sale to be transmitted to the credit of the game protection fund. 

1952 (47) 2179. 

§ 28-617. Confiscation of seines, etc., in portions of Game Zone No. 2. 

Repealed hy 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-618. Use of seines, etc., in certain counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-619. Use of seines, etc., in other counties of Game Zone No. 5. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-620. Same ; time and character of nets that may be used in season. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-621. Same ; license to use nets. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-622. Same; penalties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-623. Same ; not applicable to shad. 

Repealed by 1952 A. & J. R. (47 St. at L.\ pp 2179 to 2219. 

§ 28-624. Shooting fish in Bamberg, Berkeley, Charleston and Dorchester 
Counties. 

It shall be unlawful for any person to shoot fish in any of the streams, lakes or 
rivers or their tributaries (both muddy and clear water streams, inclusive) in the 
counties of Bamberg, Berkeley, Charleston and Dorchester at any time during the 
year. 

1952 (47) 2179. 

§ 28-625. Definition of set hook. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-626. Sale, etc., of nets in certain counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-627. Catfish trap license. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 



§ 28-628 1952 Supplement 132 

§ 28-628. Confiscation of nets, etc.; penalties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-632. Use of seine in waters of Anderson County restricted. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-633. Manufacture, use, etc., of seines, etc., in Anderson County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-634. Length of seines used on beaches in Charleston County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-635. Use of seines, etc., in Cherokee County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-636. Fishing with nets in Darlington County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-637. Seining in Spartanburg County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-638. Use of nets, seines, etc., in York County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-640. Stealing fish from trap or net. 

Any person who shall take and carry away from any fish trap or net in the 
waters of this State any fish caught and being in such trap or net, with intent to 
defraud and deprive the owner or owners of such trap or net of such fish, shall be 
deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not 
exceeding two hundred dollars and imprisoned not exceeding six months. 

1952 (47) 2179. 
§ 28-641. Unlawful to put fish traps near dams erected by State on navigable 
streams. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-642. Obstruction of navigation by fish traps. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-643. Nets not to obstruct passage of fish in Savannah River, near Au- 
gusta. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-644. Fishing by nets, etc., on South Carolina side of Savannah River. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-645. Traps on South Carolina side of Savannah River. 

Repealed by 1952 A. & J. R. [47 St. at L.) pp 2179 to 2219. 

§ 28-646. Penalties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-647. Penalties for fishing unlawfully with traps. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-649. Permanent obstruction to migration of fish. 

No permanent obstruction of any kind or nature whatever, other than a dam 
for manufacturing purposes, shall be placed in any of the inland creeks, streams 
or waters of the State, so as to obstruct the free migration of fish. Any person 
violating the provisions of this section shall be deemed guilty of a misdemeanor 
and upon conviction thereof before any court of competent jurisdiction, shall be 



133 Code of Laws of South Carolina, 1952 § 28-666 

fined in the sum of two hundred dollars or be imprisoned for a period of not less 

than three or more than six months, or both, in the discretion of the court trying 

the case. 

1952 (47) 2179. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219 

§ 28-650. Destroy such obstructions. 

Whenever any such permanent obstruction shall be found, any warden or any 

law enforcement officer shall have the authority in the name of the State to destroy 

or take down such obstruction or so much of same as is necessary to again permit 

the free migration of fish. 

1952 (47) 2179. . 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219 

§ 28-651. Penalties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-652. Seizure and forfeiture of such seines, etc. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-653. Construction of certain nshways. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-654. Designation of fish sluices ; obstruction thereof. 

It shall be the duty of the governing body of the county to designate the fish 
sluices on the several rivers so as to leave one or more passages for fish up such 
rivers. Such sluices shall be sixty feet wide or, where there are two or more such 
sluices, they shall be, together, sixty feet wide. When they shall be so designated, 
it shall be lawful for any person to open such sluices. If any prson shall obstruct any 
such sluice, when once opened, so as to prevent the free passage of fish up such 
sluice, and every part thereof, he shall be guilty of a public nuisance and, on 
conviction thereof in the court of general sessions, shall be fined one hundred 
dollars and shall stand committed until such fine be paid for a time not exceeding 
ten days, at the discretion of the court before which such conviction may take 
place. Whenever a fish sluice in any of the rivers aforesaid shall have been des- 
ignated as aforesaid, any stoppage of such sluice shall be regarded as a public 
nuisance and may be abated as such. 

1952 (47) 2179. 

Article 3.1. 

Special Provisions for Game Zone No. 7 . 

§ 28-661.1. When may use set hooks in Florence County. 

The use and possession of set hooks shall be lawful in Florence County when 
only cut bait (as distinguished from live bait) is used and when no hook smaller 
than a No. 3 hook is used. 

1952 (47) 2220. 

§ 28-666. Confiscation and destruction of fishing devices. 

The game wardens shall confiscate and destroy all fish nets (shad, herring, shrimp 
and prawn nets, as permitted by law excepted), fish traps, seines, trot lines and 
set hooks in Game Zone No. 7 except when the use, sale, or possession thereof is 
lawful under the terms of this article. 

1952 (47) 2220. 



§ 28-667 1952 Supplement 134 

§ 28-667. Fishing for catfish. 

The provisions of this article shall not apply to fishermen fishing for catfish 
below the forty mile limit established by the Commercial Fisheries Advisor)' Board, 
when the fishermen obtain from the county game warden in the county in which 
they propose to fish a license to set traps for catfish, and shall pay to the game 
warden the sum of one dollar for each trap. Each such trap shall be baited with 
shrimp or menhaden. 

1952 (47) 2179. 

§ 28-667.1. Presumption from possession of excessive fish. 

Any person having in his possession on any lake, stream, river, or their tribu- 
taries, going to or coming therefrom, or in th» fields or woods, or going to or 
coming therefrom, any fish in excess of the limits set out in this title shall be 
presumed to have killed or caught the same. 

1952 (47) 2179. 

Article 4. 
Pollution, Poisoning, etc., of Streams; Dynamiting. 

§ 28-671. Pollution of waters so as to injure fish and shellfish. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-672. Poisoning waters, etc. to catch fish; discharge of injurious sub- 
stance into waters. 

It is unlawful to poison the streams or waters of the State for the purpose of 
taking fish or to introduce, produce, or set up electrical currents or physical shocks, 
pressures, or disturbances therein for the purpose of taking fish. The muddying 
of streams or ponds or the introduction of any substance which results in making 
the fish sick, so that they may be caught, is poisoning in the sense of this section. 
No sawdust or acid or other injurious substance shall be discharged into any of 
the streams of the State where fish breed or abound. Each violator hereof shall be 
fined not less than twenty-five dollars nor more than one hundred dollars or be 
imprisoned for not less than one day nor more than thirty days. 

1952 (47) 2179. 

§ 28-673. Casting impurities in streams prohibited. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-674. Using explosives to take fish. 

It shall be unlawful for any persons to use dynamite, gun powder, lime or any 
other explosive in or about any of the streams or waters in this state to take or 
secure fish, to cause or to procure the same to be done, to aid, assist or abet any- 
one in so doing or to have in his possession dynamite or any other explosive or 
explosive device in any paddling boat, sail boat, motor boat, raft or barge, usually 
used for fresh water fishing in any of the rivers, lakes, streams or waters within 
this State. 

Any person using explosives for the taking of fish or having in his possession 
explosives in a paddling boat, motor boat, sail boat, raft or barge commonly used 
for fresh water fishing in any of the rivers, lakes, streams and waters shall be guilty 
of a misdemeanor and upon his conviction shall be sentenced to serve a term at 
hard labor on the chaingang or in the penitentiary or to pay a fine as follows : 
for the first offense a period of not more than three months or a fine of not more 



135 Code of Laws of South Carolina, 1952 § 28-697 

than five hundred dolars ; for the second offense a period of one year or a fine of 
one thousand dollars ; and for the third offense a period of two years or a fine of 
two thousand five hundred dollars. 
1952 (47) 2179. 

§ 28-675. Person convicted not to hunt or fish for period thereafter. 

Any person convicted of violating any of the provisions of § 28-674 shall be pro- 
hibited from hunting or fishing within the State for a period of five years, and 
both his hunting and fishing license, if either has been issued to him, shall be im- 
mediately revoked upon his conviction. Any person found fishing or hunting within 
the State who has been convicted of a violation of said section within such five 
year period shall be guilty of a misdemeanor, and upon conviction therefor, shall 
be fined or imprisoned, in the discretion of the court. 

1952 (47) 2179. 

§ 28-676. Failure to report dynamiting. 

Any person who sees another violating any of the provisions of § 2S-674 fails 
to report the same to a law enforcement officer, within the county where the same 
occurred, within two weeks thereafter, shall be deemed guilty of a misdemeanor 
and upon conviction therefor, shall be fined or imprisoned, in the discretion of 
the court. 

1952 (47) 2179. 

§ 28-677. Informers not subject to suit for slander, etc. 

Any person who shall swear out a warrant, give information or testify as a wit- 
ness against anyone for violating § 28-674, shall not be subject to a criminal prose- 
cution for slander or malicious prosecution, neither shall he be subject to a civil 
action for damages, in any court of competent jurisdiction for any alleged damages 
to the person so accused growing out of or in connection with such use of explo- 
sives. 

1952 (47) 2179. 

Article 5. 

Sale or Traffic in Fish. 

§ 28-691. Sale or traffic in game fish. 

It shall be unlawful, at any time, to sell, offer for sale, barter or traffic in fresh 
water game fish caught in this State or to sell, offer for sale, barter or traffic in 
black bass, bream, red breast or trout regardless of where caught. Any violation 
of this section shall be punishable by a fine of not less than fifty dollars or more 
than one hundred dollars and imprisonment of not less than ten nor more than 
thirty days. 

1952 (47) 2179. 
§ 28-693. Draw private pond and dispose of fish caught. 

The owner of any private pond, in the presence of and under the supervision of 
a representative of the Division of Game, may draw the same and dispose of the 
fish caught at such drawing, by sale or otherwise. Any fish sold must be sold and 
disposed of at the site of the pond in the presence of a representative of the Di- 
vision of Game. 

1952 (47) 2179. 
§ 28-697. Disposition of fines and proceeds from the sale of fish. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 



§ 28.711 1952 Supplement 136 

Article 6. 
Fish Hatcheries and Fish Sanctuaries ; Propagation. 
§ 28-711. Acquisition of lands for fish hatcheries and nurseries. 

The South Carolina Wildlife Resources Commission may acquire a sufficient 
number or acres of land in close proximity to any dam, artificial lake, impounded 
water or streams for the purpose of establishing fish hatcheries or fish nurseries. 
In order to carry out the purposes of this section the same power and authority 
of condemnation is hereby conferred upon the Commission that has been conferred 
on state agencies under the State Authorities Eminent Domain Act. 

This section is supplemental to § 28-712. 

1952 (47) 2179. 

§ 28-712. Same ; for United States fish hatcheries. 

The Commission may lease, or purchase, a suitable number of acres of land in 
this State for the purpose of allowing the United States fisheries to establish 
thereon fish hatcheries. The expense of leasing, or buying, lands mentioned in this 
section, and the protection and distribution shall be paid out of the game protec- 
tion fund. 

1952 (47) 2179. 

§ 28-713. Limitation of funds for hatcheries in certain counties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-714. Funds for operation of fish hatcheries, York County. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-715. Distribution of fish raised in hatchery in Greenville County. 

The distribution of fish raised in the hatchery on the lands donated in Greenville 
County by J. Harvey Cleveland shall be under the direction and supervision of 
the Director or his duly authorized deputies. 

1952 (47) 2390. 

§ 28-716. Establishment of fish sanctuaries. 

The Director of the Division of Game may, without any cost to the State what- 
soever, designate and establish sanctuaries where fish may breed unmolested in 
the manner and subject to the provisions herein. 

1952 (47) 2179. 

§ 28-717. Designation in rivers and streams. 

The Director may select any place upon any river or stream within this State 
as a fish sanctuary. Upon making such selections the Director, upon approval in 
writing of a majority of the members of the legislative delegation from the county 
in which such proposed fish sanctuary is to be located, may designate and set 
apart such places as fish sanctuaries. No sanctuary shall exceed two miles in length 
along such river or stream. When such sanctuary is so designated and set apart, 
the Director shall have same adequately and conspicuously marked and shall desig- 
nate the limits thereof in all directions. 

1952 (47) 2179. 



137 Code of Laws oe South Carolina, 1952 § 28-758 

§ 28-718. Designation in lakes and ponds. 

Such sanctuary may be set apart on and in any lakes or ponds upon condition 
that the landowner shall enter an agreement with the Director to set aside and 
turn over to the State for such purpose any lake or pond. 

1952 (47) 2179. 

§ 28-719. Effect of such establishment. 

When a fish sanctuary is so established, whether by direction of the legislative 
delegation or by agreement with landowners in cases of private property, such 
establishment shall be effective for a period of five years from the date of such 
authorization or such agreement, and there shall be no fishing or trespassing upon 
any waters so designated as a sanctuary. The Director may post such territory so 
designated as a sanctuary, in the name of the State, and prosecute any person 
or persons fishing or trespassing thereon. 

1952 (47) 2179. 

§ 28-720. Penalties for violation of such sanctuaries. 

Any person fishing or trespassing upon any property or waters so established 
as a sanctuary by the Director shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be fined not exceeding two hundred dollars or imprisoned 
for not more than six months. 

1952 (47) 2179. 

CHAPTER 8. 

Coastal Fisheries Law. 

Article 1. Article 7. 

General Provisions, § 28-757. Shrimp and Prawn, § 28-865. 

Article 2. Article 8. 

Shellfish Generally, § 28-772. Crabs, § 28-875. 

Article 4. Article 9. 

Provisions Relating to Oysters Generally, Shad and Sturgeon, § 28-892. 

§ 28-791. Article 13. 

Article 5. Licenses and Taxes, § 28-934. 

Leases of Shellfish Bottoms, § 28-811. Article 14. 

Article 6. Restricted Areas in Charleston County, 

Canning and Shucking Plants, § 28-841. § 28-972. 

Article 1. 
General Provisions. 

§ 28-757. Board may require permits for taking of fish. 

The Commerical Fisheries Advisory Board may by its rules and regulations 
prescribe for permits to be held by all persons actually engaged in the taking of 
fish in the waters of this State and provide such punishment for persons failing to 
secure such permits for themselves or those working under their authority as in 
the judgment of the Board may seem proper, not to exceed forfeiture of license. 

1952 (47) 2890. 

§ 28-758. Erection of signs without authority. 

It shall be unlawful for any person without authority from the Board first had 
and obtained as provided by this chapter to set up, erect or use any sign purporting 
to be the sign of leased planting ground or of restricted area as required of lessees 
of bottoms or of the Board and any person so offending shall be guilty of a mis- 
demeanor and punished by fine or imprisonment in the discretion of the court of 
general sessions. 

1952 (47) 2890. 



§ 28-759 1952 Supplement 138 

§ 28-759. Injury to signs, boats, etc., a misdemeanor. 

Any person removing, injuring, defacing or in any way disturbing the signs, 
buoys or other appliances used by the Board in marking restricted areas or bottoms 
or used by lessees of bottoms in marking the leased areas or who shall injure or 
destroy any boat or property of any kind used by the Board or any employee thereof 
shall be guilty of a misdemeanor and punished by fine or imprisonment in the 
discretion of the court trying such person. 

1952 (47) 2890. 

§ 28-761. Punishment for certain violations of chapter. 

Any person violating any of the provisions of this chapter for which no punish- 
ment has been specially provided shall be punished by a fine not exceeding one 
thousand dollars or imprisoned not exceeding six months, in the discretion of the 
court. The Board may, in its discretion, prosecute for such violations in the original 
jurisdiction of the magistrate's court by special request in writing endorsed upon 
the warrant that the magistrate's court shall assume such jurisdiction, whereupon, 
in the event of conviction in such court, the magistrate shall impose sentence of a 
fine not exceeding one hundred dollars or imprisonment not exceeding thirtv days. 

1952 (47) 2890. 

Article 2. 
Shellfish Generally. 

§ 28-772. Protection of beds planted by the Division. 

The Division of Commerical Fisheries may plant beds of shellfish and prohibit 
the gathering of shellfish therefrom by suitable marks, signs and advertisements 
to that effect and during the period of such prohibition and while such beds are 
so marked it shall be unlawful for any person to take shellfish therefrom. 

1952 (47) 2890. 

§ 28-773. Sanitary conditions of beds and plants. 

The Commercial Fisheries Advisory Board and the State Board of Health shall 
determine, inspect and control the sanitary conditions of all beds on which shellfish 
are grown and inspect and control as to sanitary operation all shucking plants or 
plants where shellfish are packed or otherwise prepared. It shall also provide a 
method of identification in the form of a certificate number that will make plain 
the source of the shellfish in every container. No such certificate number may be 
used as an advertising medium unless the beds from which the shellfish have been 
taken and the plants in which they have been shucked or packed have been passed 
on by a representative of the State Board of Health. The method of storing and 
shipping shellfish shall be supervised, inspected and controlled by the State Board 
of Health and the Board. The penalty for unlawfully advertising oysters or shad, 
including the certificate of the State Board of Health, shall be a fine of not less 
than one thousand dollars. The State Board of Health shall see to it that the prod- 
uct of all such packing or preparing plants conforms to the proper standards for 
salinity of water content and food proportion, to the pure food laws standards 
and to an established bacterial standard. The expense of the representative of the 
State Board of Health in getting to and from beds, shucking plants and packing 
houses in order to inspect them shall be borne by the owner of the bed, shucking 
plant or packing house. 

1952 (47) 2890. 



139 Code of Laws of South Carolina, 1952 § 28-811 

Article 4. 
Provisions Relating to Oysters Generally. 

§ 28-791. Ownership of oyster beds. 

For the purpose of this chapter all of the bottoms within the jurisdiction of 
this State contained between high-water mark and one foot below ordinary low- 
water mark shall be deemed and considered as oyster beds and the Commercial 
Fisheries Advisory Board may lease all or parts thereof as it may determine and 
no grant, lease or conveyance hereafter made, except it be a special grant by the 
General Assembly, shall be effective to convey any private ownership or control of 
any fishing or fisheries therein. 

1952 (47) 2890. 

§ 28-795. Planting of Japanese seed oysters. 

It shall be unlawful for any person to plant Japanese seed oysters within this 
State without first procuring permission from the Board so to do. Any person vio- 
lating the provisions hereof shall upon conviction be fined not less than six hundred 
dollars or imprisoned for not less than six months, in the discretion of the court. 

1952 (47) 2890. 

§ 28-797. Nonstandard measures. 

All bushel, half-bushel or peck measures found at any place where oysters are 
purchased or sold in the shell which do not conform in shape and contents to 
standards established by § 28-796 shall be destroyed by the Division of Commercial 
Fisheries or its authority. Any person who shall buy or sell oysters in the shell 
using a bushel, half-bushel or peck measure which does not conform to such stand- 
ards as to contents shall be deemed guilty of a misdemeanor, and, on conviction, 
shall be punished for each offense by a fine of not less than ten dollars nor more 
than fifty dollars or by imprisonment of not more than thirty days. 

1952 (47) 2890. 

§ 28-800. Oyster farm in Charleston County. 

The governing body of Charleston County may, in conjunction with the Division, 
utilize and employ not exceeding one hundred acres of shores and bottoms in said 
county belonging to the State and not leased for the purpose of planting and prop- 
agating oysters and operating an oyster farm for the benefit of the residents of 
said county. The one hundred acres so used shall be composed of not more than 
two separate areas and shall be located as far from any canning factory now in 
operation as a convenient location or locations in the county can be found. Such 
oyster farm shall be operated under such regulations as shall be promulgated by 
the governing body of the county. Any person wilfully trespassing on or removing 
oysters from such area for commercial purposes shall be guilty of a misdemeanor 
and, upon conviction, shall be punished by a fine of not exceeding fifty dollars or 
imprisonment of not exceeding thirty days. 

1952 (47) 2890. 

Article 5. 
Leases of Shellfish Bottoms. 
§ 28-811. Authorization. 

It shall be lawful for the Commercial Fisheries Advisory Board to lease to any 
person portions of the bottoms for the purpose of oyster culture, not exceeding an 



§ 28-811 1952 Supplement 140 

aggregate of one thousand acres to any person for a term not exceeding five years. 
Any such lease shall be renewed at the option of the lessee for an additional term 
of five years at the rate of rental of one dollar per acre per year for the renewal 
period. 

1952 (47) 2890. 

§ 28-814. Notice of application. 

Upon the filing with it of the application approved by the Director of the Division 
of Commercial Fisheries and the plat of the territory so approved, the Board shall 
cause to be published in a newspaper in which legal advertisements by the sheriff 
are published in the county wherein the territory applied for is located, a notice 
to all persons of the application for such bottoms for planting and propagation of 
oysters, giving the name of the applicant, a sufficient description of the bottoms 
applied for to enable them to be located and the day on which the Board will pass 
upon objections to the granting of such lease. Such advertisement shall be published 
once a week for three weeks immediately preceding such date. 

1952 (47) 2890. 

§ 28-822. Plantings required of lessees. 

Lessees of bottoms for the planting and propagation of oysters shall plant or 
distribute on the leased bottoms at least one hundred bushels of shell or seed oysters 
per oyster bottom acre each year during the term of the lease. Such planting shall 
be under the direction of the Division. The amount of seed oysters or shell re- 
quired to be planted by this section shall be in addition to the amount of shell 
required to be planted by § 28-845. 

1952 (47) 2890. 

Article 6. 

Canning and Shucking Plants. 

§ 28-841. Period of operation of plants. 

Canneries shall not commence operation before October first of each year and 
both canneries and raw shucking plants shall cease operation on May fifteenth. 
But the Commercial Fisheries Advisory Board may, in its discretion, require the 
operations to cease not later than April first or to commence no earlier than October 
thirty-first. 

1952 (47) 2890. 

§ 28-842. Premises, utensils, etc., used for shucking to be kept sanitary. 

All premises, sheds, utensils, measures, tools and implements used on premises 
of shucking plants must be kept in sanitary condition and to that end the Board 
may prescribe such rules and regulations for sanitation and provide for such in- 
spections as in its judgment may be advisable and may for persistent violations of 
such sanitary rules and regulations revoke the licenses of the persons violating them. 

1952 f%7) 2890. 

§ 28-843. Conduct of shucking for market; records. 

All persons engaged in shucking raw oysters or clams for market shall con- 
duct such shucking in sheds at places and of a construction approved by the Board 
and all oysters shucked in such sheds must be measured and a record kept by such 
persons showing the number of bushels of oysters in the shell shucked and the 
quantity in quarts shucked therefrom. At the end of each month ever;, such 



141 Code of Laws of South Carolina, 1952 § 28-847 

person shall make a report showing such dates. The reports must be delivered 
or mailed on or before the fifth day of each succeeding month. 
1952 (47) 2890. 

§ 28-844. Purchases of shucked oysters. 

All persons engaged in shucking raw oysters for market who shall purchase 
oysters previously shucked shall show such purchases separately on their records 
and on their monthly reports. No person engaged in shucking raw oysters for 
market shall be permitted to purchase shucked raw oysters from other than persons 
regularly engaged to shuck them on premises and in sheds provided for that pur- 
pose and approved by the Board. 

1952 (47) 2890. 

§ 28-845. Planting of oyster shell by canneries, etc. 

The person in charge of each canning factory or raw shucking plant in this 
State shall each year distribute upon such bottoms as shall be designated by the 
Board or its authority and in the manner required by it a quantity of oyster shells 
not exceeding thirty-three and one-third per cent of the quantity acquired by such 
cannery or raw shucking plant during the preceding open season. Such distribution 
or replanting shall be done under the direction or supervision of the Division of 
Commercial Fisheries within a radius of twenty miles from such factory or shuck- 
ing plant and before the first day of June. Any failure to comply with this section 
shall subject the cannery or shucking plant to revocation of license and the person 
offending shall be punished by fine of not less than one hundred dollars or im- 
prisonment of not less than one nor more than six months. 

1952 (47) 2890. 
§ 28-846. Purchase of shell by the Division for replanting. 

The Division shall have the right from the end of each open season to the com- 
mencement of the next open season to purchase shells from the canning factories 
and raw shucking plants for replanting in the waters of this State ; such shells shall 
be purchased at the prevailing market price and in the event of disagreement as 
to what is the prevailing market price such price shall be fixed by arbitration or 
condemnation proceedings at the option of the seller. But such purchases shall not 
be made so as to interfere with the compliance by such canneries and shucking 
plants with the requirements of law as to replanting, shall not extend to shells 
accumulated from any season other than the one immediately preceding such pur- 
chases and shall not interfere with the business necessities of such canneries or 
shucking plants in providing space or grounds for their own operations. 

1952 (47) 2890. 
§ 28-847. Records to be kept by canneries. 

All managers or other persons in charge of oyster canning factories shall be 
required under a penalty of not less than one hundred dollars for each infraction 
of this requirement to keep a book of such size and description as may be prescribed 
by the Board in which shall be entered : 

(1) The name of each person from whom he shall purchase oysters in the shell, 
together with the date of each such purchase and the quantity so purchased ; and 

(2) Under appropriately headed columns the name, rig, state license number 
and approximate tonnage of the boat in which the oysters were brought to the 
factory. 



§ 28-847 1952 Supplement 142 

They shall also in the same or another book of size and description to be pre- 
scribed by the Board keep a record of (a) the quantity of oysters purchased each 
day in bushels; (b) the quantity in ounces canned each day; and (c) the quantity 
in ounces shipped each day with the destination and manner of such shipment and 
the name of the carrier. They shall also retain duplicates of the bills of lading on 
file for comparison with such books. Such books or record and bills of lading 
shall be open at all times to the inspection of the Board or its agents or the Comp- 
troller General or his agents. 

1952 (47) 2890. 

§ 28-848. Reports of canneries. 

All managers or other persons in charge of oyster canning factories shall make 
a written report to the Division not later than the fourth day of each calendar 
month containing in itemized form the information contained in the books required 
to be kept by § 28-847. They shall also within the first six days of May in each 
year make a report to the Division of the quantity of canned oysters and stamps 
of each denomination on hand on the first day of May and of such other data as 
may be required by the Division. 

1952 (47) 2890. 

Article 7. 

Shrimp and Prawn. 

§ 28-865. Registration numbers on licensed shrimp trawlers. 

Every boat licensed by the Commercial Fisheries Advisory Board to trawl for 
shrimp in this State, at the time of the issuance of such license shall be assigned 
by the Division a number under which such boat shall be registered and operated. 
The number so assigned to any such boat shall be painted on each side of the 
cabin or deck house thereof in distinctive numerals at least two feet in height, 
with the barrel of the numerals four inches in width, and the paint used for such 
purpose shall be different from and in clear contrast in color to the boat on which 
applied so that such registration number may be easily and definitely determined 
at a great distance. Any person operating a boat licensed to trawl for shrimp with- 
out having the registration number affixed thereon as required by the terms of this 
section shall be deemed guilty of a misdemeanor and, upon conviction, shall be 
punished by a fine of not less than ten dollars nor more than one hundred dollars 
or imprisoned for a period of not less than ten days nor more than thirty days for 
each and every such offense. 

1952 (47) 2890. 

Article 8. 

Crabs. 
§ 28-875. Penalties. 

Any person violating the provisions of §§ 28-873 or 28-874 shall be subject 
to a fine of not less than ten dollars nor more than one hundred dollars or imprison- 
ment not to exceed thirty days, in the discretion of the court, and such packages, 
barrels or baskets containing illegal size crabs, and the entire contents thereof, 
shall be confiscated and become the property of the State to be disposed of in the 
discretion of the Commercial Fisheries Advisory Board. 

1952 (47) 2890. 



143 Code of Laws of South Carolina, 1952 § 28-941 

Article 9. 
Shad and Sturgeon. 

§ 28-892. Records of persons trading in shad and sturgeon; reports. 

All persons engaged in buying, shipping and selling shad or sturgeon shall keep 
books wherein shall be entered the date, kind and quantity of each sale, purchase 
or shipment, the name of each person from whom shad or sturgeon have been 
purchased and a copy of each bill of lading and shall make monthly reports to 
the Division of Commercial Fisheries not later than the fifth day of each month 
showing these details. 

1952 (47) 2S90. 

§ 28-893. Distribution of shad fry from Andrews shad hatchery. 

The Board is directed to ascertain the natural spawning ground along the Black 
River, Lynch's River, Great Pee Dee River, Little Pee Dee River, Waccamaw 
River and Sampit River, the waters of which eventually flow into Winyah Bay, 
and to distribute the shad fry or fingerling from the Andrews shad hatchery, located 
on Black River, at the spawning grounds, as ascertained on said rivers, as far 
from the mouths of the respective streams as practical. The distribution shall be 
made upon the basis of the length and size of the respective streams. 

1952 (47) 2890. 

Article 13. 

Licenses and Taxes. 

§ 28-934. Licenses to take shellfish for market. 

Licenses to take shellfish for market shall be issued by the Division of Com- 
mercial Fisheries and supplied to the various county treasurers for sale and de- 
livery to applicants who have been approved by the Commercial Fisheries Advisory 
Board and shall be as follows : on any boat of less than custom house tonnage 
propelled by standing sails and rigging, three dollars and on any boat registered 
or enrolled in the United States custom house, one and one half dollars on each 
gross ton. 

1952 (47) 2890. 

§ 28-940. Fee for terrapin dealer's license. 

The fee for such a license for dealers in terrapin shall be twenty-five dollars 
for one year for each separate place of business or locality in which a store, agency 
or pen may be located. No person shall deal in terrapin until duly licensed as 
such a dealer, nor shall any person buy and pen terrapin for the purpose of sale 
or shipment unless he be a dealer duly licensed by the Division. 

1952 (47) 2890. 

§ 28-941. Procuring license to take, can, pack or ship shellfish. 

Any person desiring to obtain a license for the taking, canning, packing or 
shipping of shellfish within this State for market shall take and subscribe to an oath 
according to the form provided by the Division of Commercial Fisheries, showing 
his name, age, color, citizenship, residence, place of business, kind of license applied 
for and waters in which he proposes to take shellfish. Upon such oath being ap- 
proved in writing by endorsement thereon by the Director of such division, he may 
deliver it to any county treasurer to deliver to him a license accordingly. 

1952 (47) 2890. 



§ 28-942 1952 Supplement 144 

§ 28-942. Procuring license to fish for market. 

Each person desiring to fish for market shall, before engaging therein, file with 
the Board an application for a license, duly verified by oath, showing the number 
and kind of seines or other apparatus he proposes to use and his name, age, color, 
residence, and place of business and the waters wherein he proposes to fish. Upon 
the approval of the Board being endorsed thereon together with the amount of 
such license as may be required therefor he may, upon payment thereof to any 
county treasurer, receive the license. The amount of such license shall be a sum 
equal to the fee or tax prescribed for the different kinds and amounts of apparatus 
shown upon the application therefor, except when otherwise provided herein. 

1952 (47) 2890. 

§ 28-945. Nonresident shrimp boat licenses. 

The Board shall not grant in any year more than one hundred nonresident 
licenses to operators of shrimp boats. In granting licenses to nonresident shrimp 
boats, the Board shall give preference to those nonresident boats that have been 
fishing in this State for the longest number of years. Applications for licenses by 
such boats, or the operators of such boats, shall be made on or before June 1st 
of the year for which such applications are made. If by June 1st of any year the 
Board has not granted one hundred licenses to the operators of nonresident shrimp 
boats which have previously operated in this State, the Board may then grant such 
licenses to any applicants thereafter until the number of one hundred licenses has 
been issued. 

1952 (47) 2890. 

§ 28-946. Nonresidents to pay State income taxes before being licensed. 

The Board, before issuing any nonresident licenses shall require proof that the 
owner of the nonresident boat has paid all income taxes due to the State for profits 
made from operations in the State during the preceding year. 

1952 (47) 2890. 

§ 28-950. Revocation of shrimp boat licenses. 

The Board shall immediately revoke for the period of time hereinafter stated, 
and have its designated inspector take up, any license issued to a resident or non- 
resident operator of a shrimp boat upon conviction of any violation of any of the 
fishing laws. Such revocation shall for a first offense be for ten days, for a second 
offense be for thirty days and for a third offense for one year. 

1952 (47) 2890. 
§ 28-951. License for dealers in shrimp or prawn. 

There shall be a license for buying or shipping shrimp or prawn, other than 
canned shrimp or prawn, in addition to the license for fishing for shrimp or prawn. 
The fee for such license shall be five dollars per annum. Persons granted such 
licenses must make monthly reports as the Board may require. 

1952 (47) 2890. 
§ 28-952. Licenses for fishing for nonfood fish; fees. 

Any person before fishing for or catching any nonfood fish shall procure from 
the Board a license authorizing such 'fishing and shall pay for such license the 
following tax: for each boat used in such fishing an amount equal to one dollar 
per net tonnage of such boat to be paid by each owner of such boat residing in 



145 Code of Laws of South Carolina, 1952 § 28-960 

this State, and a tax of two dollars per net tonnage of any boat owned and operated 
by nonresidents of this State. In addition an individual license tax of four dollars 
shall be paid by each nonresident fisherman engaged in fishing in the waters of 
this State. The net tonnage of any boat shall be determined by customhouse meas- 
urements. 

1952 (47) 2890. 

§ 28-953. Application for such license. 

The captain or other officer of each boat before engaging in catching nonfood 
fish within any of the waters of this State shall make written application for a li- 
cense to the treasurer of the county in which he intends to operate. The application 
shall be on a blank to be provided for by the Division and the treasurer of such 
county shall collect the tax herein provided for and make a full report to the 
Division. 

1952 (47) 2890. 

§ 28-954. Containers to have tax stamps affixed. 

All containers used in shipping raw shucked oysters must have affixed to them 
in a mannner to be prescribed by the Division cancelled tax stamps to the amount 
of five cents for each gallon of raw shucked oysters contained therein, under penalty 
of punishment as herein provided. But no stamp tax shall be required of local 
shuckers on raw shucked oysters sold to local consumers in less than gallon 
quantities. 

1952 (47) 2890. 

§ 28-957. Duties of county treasurer as to rentals, sale of tax stamps, etc. 

The several county treasurers shall sell fisheries tax stamps and tags, receive 
and collect all licenses and rents for leased bottoms and report all such receipts, 
sales and collections and also all defaults in the payment of rents of bottoms to the 
Division at the end of each month on forms furnished by the Division. For such 
services the county treasurer shall receive five per cent of the amount of such sales 
and collections. He shall deposit all such collections with the State Treasurer. 

1952 (47) 2890. 

§ 28-953. Withdrawal of tax stamps by inspector. 

The county treasurer of each county having on hand tax stamps used in pur- 
suance of this chapter shall allow any inspector of the Division to draw not ex- 
ceeding fifty dollars in tax stamps, taking the receipt of the inspector therefor. 
The inspector so drawing such tax stamps shall account to the treasurer for the 
tax stamps so drawn and pay over to the treasurer the money for the stamps sold 
by him within thirty days from the time the tax stamps were drawn. 

1952 (47) 2890. 

§ 28-960. Licensees to be furnished copies of regulations and fisheries law. 

The Board upon issuing authority to secure any license under the provisions 
of this chapter shall furnish with such authority a copy of the printed rules 
and regulations of the South Carolina Wildlife Resources Department and of the 
Coastal Fisheries Law. 

1952 (47) 2890. 



§ 28-961 1952 Supplement 146 

§ 28-961. Revenues to be deposited with State Treasurer; exception. 

All revenues from taxes, licenses, fines and forfeitures, rentals or other sources 
derived from the fisheries or from the operation and enforcement of the Coastal 
Fisheries Law shall be deposited with the State Treasurer except that all fines and 
forfeitures for the violation of any of the Coastal Fisheries Laws shall be paid to 
the treasurer of the county in which the violation occurs, if the case is brought by 
an officer of the State or county other than an inspector for the Division. 

1952 (47) 2890. 

Article 14. 

Restricted Areas in Charleston County. 
§ 28-972. Restricted areas designated by markers. 

Day markers and buoys may be placed by or under the direction of the S. C. 
Wildlife Resources Department on the beaches and one mile off shore on the range 
of the respective lines herein designated which, when placed, shall control the range. 
But the absence of any such range markers or buoys shall not affect or impair the 
operation or enforcement of this article as the lines can be determined from U. S. 
Coast and Geodetic Survey Chart No. 1239, dated July 1930, and corrected to 
December 19 1935. The expense of erecting such range markers and buoys shall 
be defrayed by the Division of Commercial Fisheries. 

1952 (47) 2890. 

§ 28-976. Enforcement. 

The Division shall enforce the provisions of this article. 
1952 (47) 2890. 

CHAPTER 9. 
Special Provisions for Certain Counties or Areas. 

Article 1. Article 10. 

Cherokee County, § 28-1001. Pickens County Fish and Game 

Article 2. Commission, § 28-1155. 

Catawba- Wateree Fish and Game Article 11. 

Commission, § 28-1013. Spartanburg County Game and Fish 

Article 3. Commission, § 28-1165. 

Lake Lanier, § 28-1031. Article 12. 

Article 5. Williamsburg County Fish and Game 

Horry County Fish and Game Commission, Commission, § 28-1175. 

§ 28-1065. Article 14. 

Article 6. Catawba Lake Fishing Area, § 28-1202. 

Colleton County Game and Fish Article 14.1. 

Commission, § 28-1086. Fishing in Certain Areas of Catawba River 

Article 7. in York County, § 28-1207. 

Duties of Lee County Legislative Delega- Article 18. 

tion, § 28-1101. Fishing in Portion of Savannah River in- 

Article 8. eluding Clark's Hill Reservoir and 

Marion County Fish and Game Steven's Creek Reservoir, 

Commission, § 28-1124. § 28-1251. 
Article 1. 

Cherokee County. 

§ 28-1001. Expenditure of game funds. 

Repealed by 1952 A. & J. R. (47 St. at I. ) po 2179 to 2219. 



147 Code of Laws of South Carouna, 1952 § 28-1068 

Article 2. 
Catawba-Wateree Fish and Game Commission. 

§ 28-1013. Powers and duties. 

The commission shall cooperate with the South Carolina Wildlife Resources 
Department in the enforcement of all fishing laws and regulations within said 
counties and shall work under the direction of the Department in the enforcement 
of all rules and regulations herein provided. 

1952 (47) 2S90. 

§ 28-1014. Employment of wardens, etc. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1015. Fishing regulations for area. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1016. Receipts from licenses and fines. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

Article 3. 
Lanier Lake. 

§ 28-1031. Agreement respecting Lanier Lake. 

The South Carolina Wildlife Resources Department may enter into an agree- 
ment with the owners of Lake Lanier, located in Greenville County, whereby the 
Department may take over the management of said lake and lake property for 
fisheries and hunting purposes and shall take the necessary steps toward restock- 
ing the same with fish, designating open and closed seasons for fishing and hunting 
thereon, making rules and regulations by which permits may be issued to persons 
for fishing and hunting thereon and in all other ways exercising complete control 
of the waters of said lake in such a manner that will most successfully restock, 
propagate and protect the fish and game in the lake for the benefit of the public in 
general. 

1952 (47) 2890. 

Article 5. 

Horry County Fish and Game Commission. 

§ 28-1065. Duties and powers; game wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. . 

§ 28-1066. Salaries of game wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219 

§ 28-1067. Suspension or discharge of game wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1068. Fish and game seasons. 

The commission shall cooperate with the Department in supervision over the 
opening and closing of all fish and game seasons in Horry County, regulations in 
connection therewith and control thereof, insofar as is consistent with the statu- 
tory laws of the State. 

1952 (47) 2890. 



§ 28-1086 1952 Supplement 14S 

Article 6. 
Colleton County Game and Fish Commission. 

§ 28-1086. Recommendations as to appointment of game wardens and salaries. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

Article 7. 
Duties of Lee County Legislative Delegation. 

§ 28-1101. General duties. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1102. Recommendations. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1103. Appointment of game wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1104. Suspension or discharge of game wardens. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

Article 8. 
Marion County Fish and Game Commission. 

§ 28-1124. General powers and duties. 

It shall cooperate with the South Carolina Wildlife Resources Department in 
supervision over the opening and closing of all fish and game seasons in Marion 
County and regulations in connection therewith and control thereof, insofar as 
is consistent with the statutory laws of the State. 

1952 (47) 2890. 

§ 28-1126. Nomination of game wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1127. Game wardens' salaries. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1128. Removal of wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

Article 10. 
Pickens County Fish and Game Commission. 

§ 28-1155. Authority; nomination of game wardens. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1156. Recommendations as to wardens' salaries. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1157. Cooperation with Department. 

The commission shall cooperate with the South Carolina Wildlife Resources 
Department in supervision, regulation and control, insofar as is consistent with the 
statutory laws of the State, of the opening and closing of all fish and game seasons 
in the county. 

1952 (47) 2890. 

§ 28-1158. Report on game wardens; vacancies. 

The commission shall report to the Department the actions of any game warden 
in the county and recommend suspension or discharge of any warden. 

1952 (47) 2890. 



149 Code of Laws of South Carolina, 1952 § 28-1180 

Article 11. 
Spartanburg County Game and Fish Commission. 

§ 28-1165. General supervision by commission. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1166. Appointment of game wardens; term, etc. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1167. Game technician. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1168. Salaries of wardens and technicians. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1169. Duties of game wardens and technicians. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1169.2. Cooperation with the Department. 

The commission shall cooperate with the South Carolina Wildlife Resources 
Department in supervising, regulating and controlling fishing and hunting and the 
closing of fish and game seasons in the county, insofar as is consistent with the 
laws of this State. 

1952 (47) 2890. 

§ 28-1169.3. Chief Game Warden to report monthly on finances. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1169.4. Report on game wardens and technicians; vacancies. 

The Commission shall report to the Department the actions of all game wardens 
and technicians in the county and recommend the suspension or discharge of any 
warden or technician. 

1952 (47) 2890. 

Article 12. 

Williamsburg County Fish and Game Commission. 

§ 28-1175. General duties and powers. 

It shall cooperate with the South Carolina Wildlife Resources Department in 
supervising, regulating and controlling fishing and hunting and the closing of fish 
and game seasons in the county insofar as is consistent with the laws of the State. 

1952 (47) 2S90. 

§ 28-1177. Chief Game Warden to report monthly on finances. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1178. Nomination of game wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1179. Salaries of wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

§ 28-1180. Recommend removal of wardens. 

The commission shall report to the Department the actions of any game warden 
in Williamsburg County and may recommend suspension or discharge of any 
warden. 

1952 (47) 2890. 



§ 28-1202 1952 Supplement 150 

Article 14. 
Catawba Lake Fishing Area. 
§ 28-1202. Wardens. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. 

Article 14.1. 
Fishing in Certain Areas of Catazvba River in York County. 

§ 28-1207. Fishing from floating device in certain areas adjacent to Catawba 
Dam and Power House prohibited. 

It shall be unlawful for any person to fish from a raft, boat or any other floating 
device in the following described areas on the Catawba River in York County : 
An area lying downstream from the Catawba Dam and Power House of the 
Duke Power Company in York County, South Carolina, said area extending 
for a distance of approximately three hundred seventy-five feet downstream 
from the south or downstream wall of the Power House and extending from 
the east bank of the river to the southwestern corner of the dam; also an area 
on the upstream side of the Power House extending for a distance of ap- 
proximately one hundred feet from the northern or upstream wall of the 
Power House and extending from the eastern bank of the pond to the western 
wall of the Power House. 
1952 (47) 2889. 

§ 28-1207.1. Fishing exempted. 

It is distinctly provided, however, that this article shall not be construed to 
prevent fishing from any point on the rock pile situate below the India Hook Dam 
or on the banks adjacent to the areas above described. The term "banks adjacent to 
the areas above described" shall not include any part or extension of the dam. 

1952 (47) 2889. 

§ 28-1207.2. Penalties. 

Any person violating the provisions of this article shall be deemed guilty of a 
misdemeanor and upon conviction shall be fined not less than ten dollars nor more 
than fifty dollars, or imprisoned for not more than thirty days, in the discretion of 
the trial court. 

1952 (47) 2889. 

Article 18. 

Fishing in Portion of Savannah River, Clark's Hill Reservoir and 
Steven's Creek Reservoir. 

§ 28-1251. Resident permits. 

All residents of this State, before fishing in the waters of the Savannah River 
between the Steven's Creek Dam and the bridge across the Savannah River on 
the highway between Calhoun Falls, South Carolina, and Elberton, Georgia, in- 
cluding those of the Clark's Hill Reservoir and the Steven's Creek Reservoir, shall 
purchase, and have in their possession while fishing, permits from the South Car- 
olina Wildlife Resources Department, which shall charge therefor the sum of one 
dollar and ten cents, which permit shall be good for the calendar year in which 
issued. 

1952 (47) 1926. 



151 Code of Laws of South Carolina, 1952 § 28-1256 

§ 28-1252. Temporary nonresident permits. 

A temporary license to fish in such waters shall be granted by the Department 
to any nonresident of this State applying therefor upon payment of a fee of three 
dollars and ten cents, which license shall be the only license or permit required 
during the term thereof, and which shall authorize the holder thereof to exercise 
the privilege thereby granted for a period of two consecutive days for each license 
so issued. 

1952 (47) 1926. 

§ 28-1253. Additional requirements to fish in such waters; exceptions. 

In addition to the permit provided for in § 28-1251, residents of this State must 
also have a resident anglers' license, if fishing with artificial bait or manufactured 
tackle. All nonresidents must have the temporary license provided for by § 28-1252 
or the nonresident's fishing license as required by § 28-551 and in addition thereto 
the one dollar and ten cent permit provided for by § 28-1252, regardless of the 
manner of fishing. 

1952 (47) 1926. 

§ 28-1254. When holders of Georgia licenses and permits exempted. 

But holders of valid permits and licenses issued by the State of Georgia to fish 
in the waters shall be allowed to fish in any part of the waters on the South 
Carolina side of the Savannah River without securing from the Department any of 
the licenses mentioned herein if the State of Georgia requires a permit or license 
of the kind mentioned in §§ 28-1251 and 28-1252, and uses the proceeds of the 
sale thereof for the purposes set out in § 28-1256, or otherwise appropriates and 
uses approximately the same amount of funds for such purposes as is devoted 
thereto by this State, and, provided that the State of Georgia extends the same 
privileges to the holders of permits of this State as to the waters on the Georgia 
side of the Savannah River. In the event the State of Georgia does not require 
a permit or license of the kind mentioned in §§ 2S-1251 and 28-1252, or devote 
approximately the same amount of funds as does this State to the purposes set 
out in § 28-1256, it shall be unlawful for the citizens and residents thereof to fish 
in the waters on the South Carolina side of the Savannah River without having the 
licenses required by this article. 

1952 (47) 1926. 

§ 28-1255. Further exemptions. 

The provisions of §§ 28-1251 and 28-1252 shall not apply to any person four- 
teen years of age or younger, any resident person sixty-five years of age or over 
or to resident organized or supervised orphan groups. 

1952 (47) 1926. 

§ 28-1256. Use of receipts. 

All funds collected by the Department from the sale of the permits or licenses 
required by §§ 28-1251 and 28-1252 shall be placed by the Director with the State 
Treasurer to the credit of a special account to be disbursed by the Department 
solely for game and fish protection and propagation in the above described waters 
and adjacent area. 

1952 (47) 1926. 



§ 28-1257 1952 Supplement 152 

§ 28-1257. Fishing in such waters regulated. 

The regulations for fishing in such waters shall be as follows, unless duly changed 
as hereinafter provided for : 

( 1 ) Daily bag limit : eight bass, twenty other fish. No person shall have in pos- 
session more than this number of fish while on the waters or the lands immediately 
adjacent. 

(2) Traps, seines and nets prohibited. Baskets and trotlines may be used for 
catching non-game fish, provided a non-game fish tag is secured from the game 
warden at a cost of twenty-five cents for each basket or trotline. These tags must 
be securely attached to baskets or trotlines while they are in use. 

(3) Licensees may use minnow seines to catch minnows only from daylight until 
nine o'clock p. m. No seine over thirty feet in length may be used. 

(4) Use of high powered lights or flashlights, of over five cells, are hereby 
prohibited while fishing. 

1952 (47) 1926. 

§ 28-1258. Further fishing regulations. 

All other state game and fish laws are hereby declared to be applicable to the 
above described waters and lands adjacent. 

The Department may negotiate with the Georgia Game and Fish Commission 
and adopt as necessary such other rules and regulations for the propagation and 
protection of the fish in the subject waters and for cooperation between the states 
in carrying out the purposes of this article and the enforcement thereof, and change 
or alter these regulations in order to provide uniform regulations for the entire 
area involved herein. Any changes or alterations of the said regulations, determined 
upon by the Department, shall be made known by publication thereof in news- 
papers in general circulation in Game Zones Nos. 2 and 3 and filing copies thereof 
in the office of the Secretary of State; and upon such promulgation the amended 
regulations shall have the full force and effect of law. 

1952 (47) 1926. 

§ 28-1259. Possession of game fish over bag limit. 

No person shall have in possession at any time game fish taken from any such 
waters in excess of daily bag limit. 
1952 (47) 1926. 

§ 28-1260. Penalties. 

Any person violating any of the provisions of this article shall be guilty of a 
misdemeanor and shall upon conviction pay a fine of not less than twenty-five dollars 
or more than one hundred dollars or suffer imprisonment for not more than 
thirty days. 

1952 (47) 1926. 



153 Code of Laws of South Carolina, 1952 § 31-8 

Title 30. 
General Assembly. 
Chapter 1. General Provisions, § 30-1. 

CHAPTER 1. 
General Provisions. 
§ 30-1. Apportionment of members of House of Representatives. 

Until the next apportionment, the representatives of the several counties in the 
House of Representatives shall be as follows: Abbeville, one; Aiken, three; Allen- 
dale, one; Anderson, five; Bamberg, one; Barnwell, one; Beaufort, two; Berkeley, 
two ; Calhoun, one ; Charleston, ten ; Cherokee, two ; Chester, two ; Chesterfield, two ; 
Clarendon, two; Colleton, two; Darlington, three: Dillon, two; Dorchester, one; 
Edgefield, one; Fairfield, one; Florence, five; Georgctozvn, two; Greenville, ten; 
Grecmvood, two ; Hampton, one ; Horry, three ; Jasper, one ; Kershaw, two ; Law- 
castcr, two; Laurens, three; Lee, one; Lexington, three; McCormick, one; Marion, 
two; Marlboro, two; Newberry, two; Ocenee, two; Orangeburg, four; Pickens, 
two; Richland, eight; Saluda, one; Spartanburg, nine; Sumter, three; Union, two; 
Williamsburg, two; and York, four. 

1952 (47) 1998. 

Title 31. 
Guardian and Ward. 

Chapter 1. General Provisions, § 31-1. 

3. Public Guardians, § 31-101. 

4. Uniform Veterans' Guardianship Act, § 31-220. 

CHAPTER 1. 
General Provisions. 
§ 31-1. Jurisdiction of probate judge. 

The judge of probate shall have jurisdiction in relation to the appointment and 
removal of guardians of minors and persons who are mentally incompetent, and 
in relation to the duties imposed by law on these guardians, and in the manage- 
ment and disposition of the estates of their wards. 

1952 (47) 2042. 

§ 31-8. Citation of guardian removed from State. 

In case of a change of domicile by the guardian of a minor or committee of a 
mentally incompetent person to a place beyond the limits of this State and his 
absence therefrom for ten consecutive months and, if such change or absence is 
made to appear to the satisfaction of the judge of probate of the county wherein 
the appointment was made, such judge of probate shall cite such guardian or com- 
mittee to account in person before him, on a day named in the citation, which shall 
not be less than sixty days from the date thereof. Such citation shall be served upon 
such absent guardian or committee by publication forthwith, once a week for four 
weeks, in a newspaper in which the judge of probate publishes his official ad- 



§ 31-8 1952 Supplement 154 

vertisements, and a copy shall be mailed to the absent guardian or committee at 
his place of residence, if it is known, or can with reasonable diligence be ascertained. 
1952 (47) 2042. 

§ 31-9. Revocation of appointment of absent guardian. 

If, upon such citation, such absent guardian or committee fail to appear in person 
upon the day named and render a return of his administration up to date, or, ap- 
pearing by attorney, fails to disprove a change of domicile and continuous absence 
for the ten months next preceding the date of citation, the appointment shall be 
revoked and annulled. 

1952 (47) 2042. 

§ 31-17. Commissions. 

All guardians having the care of the estates of minors and mentally incompetent 
persons shall have the same commissions for their services as are allowed by law 
to executors, administrators and other trustes. 
1952 (47) 2042. 

CHAPTER 3. 
Public Guardians. 

§ 31-101. When judge of probate appointed guardian. 

The judge of probate for each county in this State shall act as the guardian 
of the estate of any minor or mentally incompetent person in his county when such 
minor or mentally incompetent person has no general or testamentary guardian 
and when it is satisfactorily made to appear to the court of common pleas, or a 
judge of such court at chambers, on a petition filed for that purpose (and on proof 
that the notice of the object of the petition, together with a statement of the nature, 
condition and value of the estate of such minor or mentally incompetent person 
has been inserted once a week for two weeks previously in some public newspaper 
published in such county, or, if there be none, in some adjoining county, and also 
at the door of the courthouse) that no fit, competent and responsible person can 
be found who is willing to assume such guardianship. Any judge of probate ap- 
pointed as guardian and his sureties shall be held responsible upon his official bond 
for all estates of such minors and mentally incompetent persons. 

1952 (47) 2042. 

§ 31-102. Application for such appointment. 

The application for the appointment of the judge of probate as such guardian 
(1) shall be made by the father, mother, husband, brother, executor, administrator 
or other person interested in such minor or mentally incompetent person, (2) shall 
state (a) the name and age of such minor or mentally incompetent person, (b) 
the character and value of his estate, (c) that such minor or mentally incompetent 
person has no general or testamentary guardian and (d) that no fit, competent or 
responsible person can be found who is willing to assume the trust, and (3) shall 
be subscribed and sworn to by the party making the application. 

1952 (47) 2042. 

§ 31-103. Order of appointment. 

The court or judge hearing such application, if satisfied that the interest of the 
minor or mentally incompetent person would be best served by such appointment, 
shall endorse on such application an order appointing the judge of probate such 



155 Code of Laws op South Carolina, 1952 § 31-108 

guardian and authorizing him to receive the estate of such minor or mentally in- 
competent person and to sign and seal all necessary and proper releases and dis- 
charges relating thereto. 
1952 (47) 2042. 

§ 31-106. Transfer of estates on formation of new counties. 

When a new county has been formed or created out of portions of an old 
county or counties, the probate judge for such new county shall act as guardian 
of the estates of minors and mentally incompetent persons formerly residing in 
that portion of the old county or counties formed and created into the new county 
when such minors and mentally incompetent persons now reside in the new county 
and a probate judge of the old county or one of the old counties is acting as guard- 
ian of such minors or mentally incompetent persons. Any such probate judge of an 
old county shall upon application of any one in their behalf, turn over and deliver 
to the probate judge of the new county the estates of such minors or mentally in- 
competent persons, and the probate judge of the new county shall receive the 
same as guardian and hereby is constituted guardian of such estates in lieu and in 
place of the probate judge of the old county and his official bond shall be liable as 
such. In case the probate judge of an old county refuses or fails, within ten days after 
being requested so to do, to turn over and deliver such estates of such minors or 
mentally incompetent persons formerly in his county but presently residing in 
the new county, the person making such application may apply to any circuit judge 
in this State, at chambers, upon four days' notice, for an order requiring the 
probate judge to comply with the provisions of this section and the probate judge 
so failing or refusing to turn over and deliver such estates shall be liable to pay 
all costs of the proceeding, including reasonable counsel fees, to be fixed by the 
court in its order. No commissions shall be charged or collected by either probate 
judge for delivering any such estates or for removing them. 

1952 (47) 2042. 

§ 31-108. Reports of public guardians. 

The judge of probate for each county shall annually, at the first term of the 
court of common pleas in and for his county, and oftener if required by the presid- 
ing judge of the circuit, submit in open court a report, under oath, of all his acts 
and doings as such public guardian. Such report, if satisfactory, shall be approved 
by the presiding judge by endorsement thereon and shall be filed in the office of 
the clerk of court of said county. 

The annual report of the judge of probate, as public guardian, required by this 
section, shall state (a) the name of each minor or mentally incompetent person, 
(b) the date when he was appointed guardian, (c) the value of the estate of his 
ward, (d) of what each estate consists, (e) the amount and character of the in- 
vestments, if any, when and by whom made, and what amount, if any, remains 
uninvested, (f) the amounts received and paid out since the last report, properly 
vouched, and (g) such recommendations as he may deem most to the advantage 
of his respective wards. 

1952 (47) 2042. 



§ 31-220 1952 Supplement 156 

CHAPTER 4. 
Uniform Veterans Guardianship Act. 

§ 31-220. Administrator party to certain proceedings. 

The administrator or his successor is and shall be a party in interest (a) in any 
proceeding brought under any law of this State for the appointment, confirmation, 
recognition or removal of any guardian of a minor or of a mentally incompetent 
person to whom or on whose behalf benefits have been paid or are payable by the 
Veterans' Administration, its predecessor or successor, (b) in any guardianship pro- 
ceeding involving such person or his estate, (c) in any suit or other proceeding 
arising out of the administration of such person's estate or assets and (d) in any 
proceeding the purpose of which is the removal of the disability of minority or 
mental incompetency of such person. In any case or proceeding involving property 
or funds of any such minor or mentally incompetent person not derived from the 
Veterans' Administration, the Veterans' Administration shall not be a necessary 
party but may be a proper party to such proceedings. 

This section shall not apply unless the Veterans' Administration shall designate, 
in writing filed with the Secretary of State, its chief attorney, acting chief attorney 
or other agent within this State as a person authorized to accept service of process 
or upon whom process may be served. 

1952 (47) 2042. 

§ 31-224. Commitment to Veterans' Administration. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 
See §§ 32-968 and 32-969 this Supplement. 

§ 31-225. Transfer from State to Veterans' hospital. 
Repealed bv 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 
See §§ 32-968 and 32-969 this Supplement. 

§ 31-226. Fee of Chester County probate judge for such commitment. 
Repealed by 1952 A. & T. R. (47 St. at L.) pp 2042 to 2074. 
See §§ 32-968 and 32-969 this Supplement. 

Title 32. 
Health. 

Chapter 1. Boards of Health and Health Officers, § 32-411. 

4. Hospitals. Clinics. Health Centers and Tuberculosis Camps, § 32-829. 

5. Mentally 111 and Mentally Deficient, § 32-951. 

7. State Training School, § 32-1051. 

8. Vital Statistics, § 32-1124. 

9. Water, Sewerage, Garbage, etc. § 32-1331. 

CHAPTER 1. 
Boards of Health and Health Officers. 

Article 20. 
Spartanburg County Board of Health. 

§ 32-411. Established. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 



157 Code of Laws of South Carolina, 1952 § 32-829 

§ 32-412. Members. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this sectioa 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 

§ 32-413. Term; vacancy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 

§ 32-414. Area jurisdiction. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 

§ 32-415. General duties and powers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 

§ 32-416. Couny health department and director. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St.- at L.) pp 2134 to 2138. 

§ 32-417. Director act as secretary of board. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 



§ 32-418. Reports of director. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 

§ 32-419. Additional personnel. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 

§ 32-420. Duties of department; services render. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 

§ 32-421. Duties not devolved on board or department. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 

§ 32-422. Salaries; equipment; accounting for certain costs. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 

§ 32-423. Equipment and faciliies. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 

§ 32-424. Municipalities may withdraw from jurisdiction of board. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section. 

§ 32-425. Municipalities may join department and be under the board. 

Provisions from 1952 A. & J. R. (47 St .at L.) pp 2134 to 2138 make up this section. 

CHAPTER 4. 
Hospitals, Clinics. Health Centers and Tuberculosis Camps. 

Article 3. 
County, Township or Municipal Hospitals, Clinics or Tuberculosis Camps. 

§ 32-829. Spartanburg Couny venereal clinic. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138. 



§ 32-951 1952 Supplement 158 

CHAPTER 5. 

Mentally III and Mentally Deficient. 

Article 1. Article 3. 

General Provisions, § 32-951. State Mental Health Facilities, § 32-991. 

Article 2. Article 4. 

South Carolina Mental Health Commission, State Hospitals, § 32-1021. 

§ 32-981. Article 5. 

State Training Schools, § 32-1031. 
Article 1. 

General Provisions. 
§ 32-951. Definitions. 

When used in this Chapter, the following terms shall have the meanings ascribed 
to them in this section unless the context clearly indicates a different meaning : 

(1) Mentally ill person - A person afflicted with a mental disease to such an ex- 
tent that for his own welfare or the welfare of others or of the community, he re- 
quires care, treatment, detention, or training, or to an extent which renders him in- 
capable of caring for or managing his own estate. 

(2) Mentally defective or mentally deficient person - A person whose mental 
abilities have been defective or arrested before birth or at birth, or whose mental 
development has been arrested by disease or physical injury occurring at an early 
age, in either case to such an extent that he lacks sufficient control, judgment and 
discretion to manage himself or his affairs or who by reason of this deficiency, 
for his own welfare or the welfare of others, or of the community, requires training, 
supervision, guidance, care, or control. 

(3) Patient or trainee - A person under observation, care, or treatment or re- 
ceiving training in a mental health facility pursuant to law. 

(4) Licensed physician - An individual licensed under the laws of this State to 
practice medicine or a medical officer of the Government of the United States while 
in this State in the performance of his official duties. 

(5) Designated examiner - A licensed physician or psychologist registered by the 
South Carolina Mental Health Commission as specially qualified, under standards 
established by it, in the diagnosis of mental or related illnesses, or in the diagnosis 
of mental deficiency. 

(6) Superintendent - The individual in charge of an institution, or his designee. 

(7) Director - The State Director of Mental Health. 

(8) Commission - The South Carolina Mental Health Commission. 

(9) Treatment - Any standard medical, surgical or psychiatric treatment. 

(10) Discharge - An absolute release or dismissal from an institution. 

(11) Conditional discharge or leave of absence - A qualified release or a qualified 
dismissal from an institution. 

(12) State mental health facility or facility - Any hospital, clinic, training school 
or other institution maintained by the State for the care, treatment, or training of 
persons who are mentally ill, mentally defective, epileptic, senile, drug addicted, or 
alcoholic. 

(13) Hospital - A public or private hospital, or part thereof, equipped to provide 
in-patient care and treatment for the mentally ill, epileptic, senile, drug addicted, 
or alcoholic. 



159 Code of Laws of South Carolina, 1952 § 32-956 

(14) Training school - An institution maintained by the State for the care, train- 
ing and treatment of persons who are mentally deficient and of persons, under 
sixteen years of age, who may be suffering from serious emotional disturbances 
or behavior difficulties requiring adjustment, treatment or training. 

(15) Mental health clinic - Any institution, or part thereof, maintained by the 
State for the diagnosis, treatment and care on an out-patient basis of any person 
suffering from any mental disease, emotional disturbance or behavior problem. 

(16) State hospital - A hospital, or part thereof, equipped to provide in-patient 
care and treatment for the mentally ill, epileptic, senile, drug addicted, or alcoholic 
and maintained by the State. 

(17) State of citizenship - The last state in which the person resided for two 

or more consecutive years. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-952. Application for appointment of committee for mentally ill or men- 
tally defective. 

When any relative, friend, or other interested person is desirous of having a 
committee appointed for any individual believed by him to be mentally ill or mentally 
defective he shall file with the probate court of the county in which the individual 
resides a written application stating his reasons for desiring the appointment of a 
committee. The application shall be accompanied by a certificate of a licensed physi- 
cian stating that he has examined the individual and is of the opinion that he is 
mentally ill or mentally defective, or a written statement by the applicant that the 
individual has refused to submit to examination by a licensed physician. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-953. Procedure to determine. 

Upon receipt of an application the court shall follow the procedure outlined in 
§§ 32-959 to 32-963 or §§ 32-1034 to 32-1038. 
1952 (47) 2042. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-954. Appointment; custody of estate. 

If, upon completion of the hearing and consideration of the record, the court 
finds that the individual is mentally ill or mentally defective, a committee may be 
appointed and the court shall make any further orders necessary for the custody 
and control of the individual's estate. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-955. Appeal. 

An appeal may be taken from the order of the probate court to -the court of 
common pleas of the county wherein the application is made and there a trial 
shall be had and the trial may be had de novo before a jury. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-956. Application for appointment of committee for patient or trainee. 

When any relative, friend or other interested person is desirous of having a 
committee appointed for any individual who is a patient or trainee in an institu- 
tion as the result of judicial proceedings under §§ 32-958 to 32-967 or §§ 32-1033 



§ 32-956 1952 Supplement 160 

to 32-1039, or who is a patient or trainee in a State mental health facility, he shall 
file with the probate court of the county in which the individual resided prior to 
his admission to the institution a written application stating his reasons for desiring 
the appointment of a committee. The application shall be accompanied by a cer- 
tificate from the South Carolina Mental Health Commission stating that the patient 
or trainee is mentally ill or mentally defective and is a patient or trainee subject to 
the control of the commission. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-957. Appointment; custody of estate. 

Upon receipt of the application and certificate the court may appoint a com- 
mittee and make any further orders necessary for the custody and control of the 
patient's or trainee's estate. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

See § 32-1029 for provisions of this section as amended by 1952 (47) 2042 to 2074. 

§ 32-958. Application for involuntary hospitalization. 

Proceedings for the involuntary hospitalization of an individual may be com- 
menced by the filing of a written application with the probate court by a friend, 
relative, spouse, or guardian of the individual, or the superintendent of any public 
or private institution in which such individual may be. The application shall be 
accompanied by a certificate of a licensed physician stating that he has examined 
the individual and is of the opinion that he is mentally ill and should be hospitalized, 
or a written statement by the applicant that the individual has refused to submit to 
an examination by a licensed physician. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-959. Persons court notify. 

Upon receipt of an application the court shall give notice thereof to the proposed 

patient, to his legal guardian, if any, and to his spouse, parents, and nearest known 

other relative or friend. If, however, the court has reason to believe that notice 

would be likely to be injurious to the proposed patient, notice to him may be 

omitted. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-960. Examiners. 

As soon as practicable after notice of the commencement of the proceedings is 
given or it is determined that notice should be omitted, the court shall appoint 
two designated examiners to examine the proposed patient and report to the court 
their findings as to his mental condition, and his need for custody, care, or treat- 
ment in a hospital. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-961. Examination. 

The examination shall be held at a suitable place not likely to have a harmful 
effect upon the proposed patient's health. A proposed patient to whom notice of 
the commencement of proceedings has been omitted shall not be required to submit 
to an examination against his will. On the report of the examiners of refusal to 



161 Code of Laws of South Carolina, 1952 § 32-965 

submit to examination the court shall give notice to the proposed patient as pro- 
vided under § 32-959 and order him to submit to examination. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-962. Hearing; dismissal. 

If the report of the examiners is to the effect that they are of the opinion the 
proposed patient is mentally ill the court shall forthwith fix a date for and give 
notice of a hearing to be held not less than ten nor more than fifteen days from 
receipt of the report. If the report of the examiners is divided or is to the effect 
that they are of the opinion the proposed patient is not mentally ill, the court shall 
terminate the proceedings and dismiss the application. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-963. Witnesses; evidence; counsel. 

All persons to whom notice is required to be given may appear at the hearing, 
testify, and present and cross examine witnesses, and the court may receive the 
testimony of any other person. The proposed patient shall not be required to be 
present, and the court may exclude all persons not necessary for the conduct of 
the proceedings. The hearings shall be conducted in as informal a manner as may 
be consistent with orderly procedure and in a physical setting not likely to have 
a harmful effect on the mental health of the proposed patient. The court shall 
receive all relevant and material evidence which may be offered. An opportunity 
to be represented by counsel shall be afforded to every proposed patient, and if 
neither he nor others provide counsel, the court shall appoint counsel for him. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-964. Court's order. 

If, upon completion of the hearing and consideration of the record, the court 
finds that the proposed patient is mentally ill, and 

(1) is in need of custody, care or treatment in a hospital, and because of his 
condition lacks sufficient insight or capacity to make responsible decisions with 
respect to his admittance to a hospital, or 

(2) because of his condition is likely to injure himself or others, it shall order 

his hospitalization ; otherwise, it shall dismiss the proceedings. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-965. Private hospitalization. 

Upon request by the proposed patient, his relative, spouse, or guardian and agree- 
ment by the superintendent of the hospital concerned, the court may order the 
hospitalization of the patient in a private hospital. Neither the State, nor any 
county, nor any municipality shall be liable for any costs of or charges for sending 
a proposed patient to a private hospital, or connected with or arising out of his 
being sent there. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 



§ 32-966 1952 Supplement 162 

§ 32-966. Committee; custody of estate. 

The court may appoint a committee for the person hospitalized and may make 
such further orders as may be necessary for the custody and control of the estate 
of the person. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-967. Appeal. 

The petitioner or any other interested person standing within the family relation- 
ship of the proposed patient may appeal from the order of the probate court to 
the court of common pleas of the county, and a trial shall be had de novo with a 
jury in the same manner as civil actions are tried. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-968. Placement for institutional care or treatment by United States. 

If any individual ordered to be admitted to an institution pursuant to §§ 32-958 

to 32-967 or §§ 32-1033 to 32-1039 is eligible for institutional care or treatment 

by any agency of the United States, the court, upon receipt of a certificate from 

the agency showing that facilities are available and that the individual is eligible 

for care or treatment therein, may order him to be placed in the custody of the 

agency for admittance. When the individual is admitted pursuant to the order of 

the court to any institution operated by any agency of the United States within 

or without the State, he shall be subject to the rules and regulations of the agency. 

The superintendent of any institution operated by the agency and in which the 

individual is confined, shall with respect to the individual, be vested with the same 

powers as the superintendents of institutions or the Commission within this State 

with respect to detention, custody, transfer, conditional discharge, or discharge of 

patients. Jurisdiction is retained in the appropriate courts of this State at any 

time to inquire into the mental condition of the individual admitted, and to determine 

the necessity for continuance of his confinement. Every order of admittance issued 

pursuant to this section is so conditioned. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-969. Nonresident order authorizing such placement. 

An order of a court of competent jurisdiction of another state, or of the District 
of Columbia, authorizing admittance of an individual by any agency of the United 
States shall have the same force and effect as to the individual while in this State 
as in the jurisdiction in which is situated the court entering the order, and these 
courts shall be deemed to have retained jurisdiction of the individual admitted for 
the purpose of inquiring into his mental condition and of determining the necessity 
for continuance of his confinement, as is provided in § 32-968 with respect to 
individuals ordered admitted by the courts of this State. Consent is hereby given 
to the application of the law of the state or district in which is located the court 
issuing the order for admittance with respect to the authority of the superintendent 
of any hospital or institution operated in this State by any agency of the United 
States to retain custody, transfer, conditionally discharge or discharge the individual 
confined. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 



163 Code of Laws of South Carolina, 1952 § 32-973 

§ 32-970. Re-examination of order of confinement for involuntary hospitaliza- 
tion. 

Any patient confined pursuant to §§ 32-958 to 32-967 shall be entitled to a re- 
examination of the order for his confinement on his own petition, or that of his 
legal guardian, parent, spouse, relative, or friend, to the probate court of the 
county from which he was admitted. Upon receipt of the petition, the court shall 
conduct proceedings in accordance with said sections, except that the proceedings 
shall not be required to be conducted if the petition is filed sooner than six months 
after the issuance of the order of confinement or sooner than one year after the 
filing of a previous petition under this section. The costs shall be borne by the 
petitioner and no rehearing shall be had in any case in which the costs have not 
been paid for a previous rehearing. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-971. Medical examination of patient. 

Every patient or trainee admitted pursuant to the provisions of § 32-1021, § 32- 
1023 or §§ 32-958 to 32-967 or §§ 32-1033 to 32-1039 shall be examined by a 
member of the medical staff of the institution promptly after his admission and shall 
be examined by the full medical staff within thirty days after admission. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-972. Discharge of voluntary patient by hospital superintendent. 

The superintendent of a hospital shall discharge any voluntary patient who has 
recovered or whose detention he determines to be no longer advisable. He may 
also discharge any voluntary patient if to do so would, in his judgment, contribute 
to the hospital's most effective use in the care and treatment of its patients. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-973. Discharge of voluntary patient when requested. 

A voluntary patient who requests his discharge or whose discharge is requested, 
in writing, by his legal guardian, parents, parent with custody, county governing 
body, spouse, or adult next of kin shall be discharged forthwith except that : 

( 1 ) Any request for discharge may be denied by the superintendent of a state 
hospital if the request is made sooner than thirty days after admission ; 

(2) If the patient was admitted on his own application and the request for 
discharge is made by a person other than the patient, discharge may be conditioned 
upon the agreement of the patient thereto ; 

(3) If the patient, by reason of his age, was admitted on the application of an- 
other person, his discharge, prior to becoming twenty-one years of age, may be 
conditioned upon the consent of his parent or guardian ; 

(4) If the superintendent of the hospital, within seven days from the receipt 
of the request, files with the probate court of the county in which the patient 
resided immediately prior to his admission a certification that, in his opinion, the 
discharge of the patient would be unsafe for the patient or others, discharge may 
be postponed on application for as long as the court determines to be necessary for 



§ 32-973 1952 Supplement 164 

the commencement of proceedings for judicial admission, but in no event for more 
than fifteen days. 

1952 (47) 2042. 

See § 32-1030 for provisions of this section as they appeared in the 1942 Code. 

§ 32-974. Habeas corpus. 

Any individual detained pursuant to this chapter shall be entitled to the writ of 
habeas corpus upon proper petition by himself or a friend to any court generally 
empowered to issue the writ of habeas corpus in the county in which he is detained. 

19S2 (47) 2042. 

Former section repealed by 19S2 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-975. Disclosure of records. 

All certificates, applications, records, and reports made for the purpose of this 
chapter and directly or indirectly identifying a patient, trainee, former patient or 
trainee, or an individual whose confinement has been sought under this chapter 
shall be kept confidential and shall not be disclosed by any person except insofar: 

(1) as the individual identified or his legal guardian, if any (or, if he is a minor, 
his parent or legal guardian), shall consent, 

(2) as disclosure may be necessary to carry out any of the provisions of this 
chapter, or 

(3) as a court may direct upon its determination that disclosure is necessary for 
the conduct of proceedings before it and that failure to make disclosure would be 
contrary to the public interest. 

Nothing in this section shall preclude disclosure, upon proper inquiry, of any 
information contained in the certificates, applications, records, or reports, or infor- 
mation as to his current medical or mental condition, to any relatives of a patient 
or trainee or to his legal representatives. 

Any person violating any provision of this section shall be guilty of a misde- 
meanor and shall be fined not more than five hundred dollars or imprisoned for 
not more than one year, or both. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-976. Unwarranted confinement ; denial of right. 

Any person who wilfully causes, or conspires with or assists another to cause, 
(1) the unwarranted confinement of any individual under the provisions of this 
chapter or (2) the denial to any individual of any of the rights accorded to him 
under the provisions of this chapter shall be fined not exceeding one thousand dol- 
lars or imprisoned for not exceeding one year, or both. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-977. Reexamination of sanity. 

Any person, not acutally confined in the State Hospital or on parole therefrom 
during the twelve-month parole period, having been previously adjudged insane 
in the probate court of any county in this State or in the State Hospital may have 
his mental capacity as to sanity readjudged in the following manner. A petition 
may be brought in the probate court of the county wherein such person resides by 
a guardian ad litem for such person or by his committee if he has one, praying 
that such person be adjudged a person of sound mind and memory and capable 
of managing, conducting and controlling his own affairs and that he be discharged 



165 Code oe Laws of South Carolina, 1952 § 32-982 

and relieved of the judgment of insanity previously rendered. Upon such petition 
being so brought the probate judge of the county wherein it is brought shall have 
a hearing wherein witnesses shall be examined, including one or more practicing 
physicians, and shall make further investigation as he deems necessary for a proper 
determination in the matter. Such probate judge shall then make his determina- 
tion in regard to the matter prayed for in the petition. 

1952 Code, § 32-1005. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-978. Effect of determination of sanity. 

Upon the prayer of the petition being granted by reason of such determination 
of such probate judge, the petitioner shall thereby be restored to his legal status as 
to property and contractual rights in like manner as if he had never been adjudged 
insane. 

1952 Code, § 32-1006. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-978.1. Certificate to be obtained on discharge. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-978.2. Application of §§ 32-978 and 32-978.1. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-979. Appeal. 

The petitioner or any other interested person standing within the family rela- 
tionship of the insane person may appeal from the order of the probate court to 
the court of common pleas of the county wherein the petition is brought and there 
a trial shall be had de novo with a jury in like manner as civil actions are tried. 

1952 Code, § 32-1007. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

Article 2. 
South Carolina Mental Health Commission. 

§ 32-981. Appointment; mental health authority; term; removal. 

The Governor shall, with the advice and consent of the Senate, appoint a board 
of regents, which shall be known as the South Carolina Mental Health Commis- 
sion and shall also be the South Carolina Mental Health Authority. The Commis- 
sion shall consist of five members, whose terms of office shall be so designated that 
the term of one member shall expire each vear, subject to removal by the Governor 
for cause. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-982. Corporate powers; penal institution inmates; clinics; health pro- 
gram; collection of statistics. 

The Commission shall have the following rights, powers, and duties : 

( 1 ) It shall form a body corporate in deed and in law with all the powers inci- 
dent to corporations. 

(2) It shall cooperate with persons in charge of penal institutions in this State 
for the purpose of providing proper care and treatment for mental patients confined 
therein because of emergency. 

(3) It shall establish mental health clinics throughout the State and shall super- 
vise them. 



§ 32-982 1952 Supplement 166 

(4) It shall inaugurate and maintain an appropriate mental health education 
and public relations program. 

(5) It shall collect statistics bearing on mental illness, mental deficiency, epilepsy, 
drug addiction, and alcoholism, as well as study the cause, pathology, and preven- 
tion of mental defects and diseases, and shall provide moral and vocational train- 
ing, and medical and surgical treatment which will tend to the mental and physical 
betterment of patients and which is designed to lessen the increase of mental illness, 
mental defectiveness, epilepsy, drug addictions, and alcoholism, and shall encourage 
the superintendents of institutions and their medical staffs in the investigation and 
study of these subjects and of mental hygiene in general. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-983. Institutions treating mental conditions. 

The Commission shall have charge of all State mental health facilities and shall 
have sole charge of the regulation, licensing, and inspection of all hospitals or other 
institutions in this State insofar as they are equipped to provide in-patient care, 
treatment, or training for the mentally ill, mentally defective, epileptic, senile, drug 
addicted, or alcoholic. 

1952 (47) 2042. 

§ 32-984. Forms; reports; rules and regulations. 

The Commission may 

( 1 ) prescribe the form of applications, records, reports, and medical certificates 
provided for under this chapter and the information required to be contained therein. 

(2) require reports from the superintendent of any institution relating to the 
admission, examination, diagnosis, discharge or conditional discharge of any pa- 
tient, investigate complaints made by any patient or by any person on behalf of a 
patient, and 

(3) adopt such rules and regulations not inconsistent with the provisions of this 
chapter as it may find to be reasonable necessary for the government of all institu- 
tions over which it has authority and of state mental health facilities and the proper 
and efficient institutionalization of the mentally ill, mentally defective, epileptic, 
senile, drug addicted, or alcoholic, but any person affected thereby shall have the 
right to appeal therefrom to any court of record. 

The judge of probate in each county shall keep an adequate supply of all forms 
necessary for the admission or commitment of all persons under this chapter. 
1952 (47) 2042. 
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-985. Reports. 

The Commission shall submit an annual report to the Governor before the 

eleventh day of January of each year setting forth its activities, the financial affairs, 

and the state and condition of the State mental health facilities, and any other 

statistical information which is usually required of facilities of the type over which 

it has charge. The report shall include any recommendations which in the opinion 

of the Commission will improve the mental health program of the State. A copy 

of the report shall also be submitted to the General Assembly. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 



167 Code of Laws of South Carolina, 1952 § 32-995 

§ 32-986. State Director of Mental Health. 

The Commission may appoint and, in its discretion, remove a State Director 
of Mental Health, who shall be a medical doctor specializing in the field of psy- 
chiatry. 

The Director shall be the executive secretary of the Commission and may be 
the superintendent of one of the state mental health facilities. His power and duties 
shall be prescribed by the Commission. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-987. Payment of appropriations to State Hospital ; statement of disburse- 
ments. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-988. Annual report. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

Article 3. 
State Mental Health Facilities. 
§ 32-991. Superintendents. 

The Commission may appoint, and in its discretion remove, superintendents of 
the State mental health facilities. Such superintendents shall be medical doctors or 
psychiatrists who are specially trained in their respective fields. 
1952 (47) 2042. 

§ 32-992. Employees. 

The superintendents of the State mental health facilities may appoint and remove 
all employees of the facility over which they have charge, subject to the approval 
of the Commission. But the superintendent of the State Hospital may appoint and, 
in his discretion, remove all other officers and employees of institutions maintained 
by this State for the mentally ill subject to the approval of the Commission. 

1952 (47) 2042. 

§ 32-993. Same ; salaries and emoluments. 

The Commission shall fix the amount of the salaries or emoluments of all officers 
and employees of state mental health facilities. 
1952 (47) 2042. 

§ 32-994. Same ; exempt from jury and military duty. 

All officers and employees of State mental health facilities shall be exempted from 
serving on juries and from all State military duty. 

1952 (47) 2042. 

§ 32-995. Marshals. 

The Commission may authorize the superintendents to employ suitable persons 
to act as marshals to keep intruders off and prevent trespass upon State mental 
health facilities. The marshals shall be vested with all the powers and charged with 
all the duties of police officers generally. They may eject trespassers. They may 
without warrant arrest persons guilty of disorderly conduct or of trespass on State 
mental health facilities and have them tried in any court of competent jurisdiction. 

1952 (47) 2042. 



§ 32-996 1952 Supplement 168 

§ 32-996. Easements to public service companies. 

The Commission may, by resolution recorded on the minutes of its meetings, 
grant easements, permits, or rights of way on, over, or under the grounds of the 
facilities, but none may be granted unless approved in writing by the Attorney 
General before delivery. 

1952 (47) 2042. 

§ 32-997. Contracts. 

No member of the Commission or officer or employee of any State mental health 
facility shall be financially benefited by any contract or purchase made by any 
State mental health facility. 

1952 (47) 2042. 

§ 32-998. Existing facilities; maintenance. 

The following facilities shall continue in existence and shall be maintained for the 
following purposes : 

The South Carolina State Hospital shall be maintained for the care and treat- 
ment of persons who are mentally ill, and those persons accused of crime who have 
been committed to the hospital in accordance with the provisions of § 32-1007. 

The State Training School shall be maintained for the care and training of white 
persons who are mentally deficient and other white persons under sixteen years 
of age who may be admitted upon approval of the Commission for the purpose 
of examination, adjustment, treatment, or training. 

The mental health clinics shall be maintained for the diagnosis, treatment and 
prevention of mental illness. 

1952 (47) 2042. 

§ 32-999. Admission of persons in State institutions ; discharge. 

The superintendent of any State institution not under the jurisdiction of the 
Commission may request the admission of any person confined therein to a State 
mental health facility if the person is suspected of being mentally ill or mentally 
defective. If, after full examination, the superintendent of the facility is of the 
opinion that the person is mentally ill or mentally defective he shall hold him, 
subject to the orders of the Commission, and shall notify the superintendent of 
the institution from which the person was admitted. Upon recovery of the person 
the superintendent of the facility to which the person was admitted shall return 
him to the custody of the superintendent of the institution from which he was ad- 
mited. 

1952 (47) 2042. 

§ 32-1000. Admission of persons in jail. 

Upon receiving the notification provided for in § 55-424 concerning a person in 
jail and suspected of being mentally ill, mentally defective, or epileptic, the Com- 
mission shall immediately cause the person to be examined by two designated 
examiners, and if admittance is warranted it shall obtain his discharge from the 
arresting authority and shall, subject to the availability of suitable accommoda- 
tions, admit the person to an appropriate State mental health facility. 

1952 (47) 2042. 



169 Code of Laws of South Carolina, 1952 § 32-1004 

§ 32-1001. Transportation to facility. 

Whenever an individual is about to be admitted to a State mental health facility 
under the provisions of § 32-1021, § 32-1023, or §§ 32-958 to 32-967 or §§ 32-1033 
to 32-1039 the superintendent of the facility concerned upon request may approve 
transportation of the individual by any of the following persons : 

( 1 ) Relatives or friends of the individual, but the State shall not be charged 
with any expenses arising out of the transportation ; 

(2) County officials, preferably in civilian clothes, at the expense of the county; 

(3) Any State mental health facility's personnel upon condition that the county 

from which the person is transported agrees to pay the expenses incurred by the 

facility in transporting the individual. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1002. Detention pending removal to facility. 

Pending his removal to a state mental health facility the individual taken into 
custody or ordered to be admitted may be temporarily detained in his home, a 
licensed foster home, or any other suitable facility under such reasonable condi- 
tions as the county governing body, supervisor, or manager may fix, but he shall 
not, except because of and during an extreme emergency, be detained in a nonmedi- 
cal establishment used for the detention of individuals charged with or convicted of 
penal offenses. The county governing body, supervisor, or manager shall take 
such reasonable measures, including provision of medical care, as may be necessary 
to assure proper care of an individual temporarily detained under this section. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1003. Nonresident patient or trainee. 

If any person admitted to a State mental health facility is not a citizen of this 
State, the superintendent of the facility concerned shall immediately notify the 
Commission, and the Commission shall notify the Governor of the state of which 
the patient or trainee is a citizen. If the State of his citizenship fails to provide 
for his removal within a reasonable time, the Commission shall cause him to be 
delivered to the officials authorized by law to care for similar persons pending their 
commitment to State institutions of the State of his citizenship. The cost of these 
proceedings and conveyance from this State shall be borne by this State under 
reciprocity agreements made by the Commission with the mental health authorities 
of other states. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1004. Patient or trainee not a citizen of United States. 

If any person admitted to a State mental health facility is .not a citizen of the 
United States, the superintendent of the facility concerned shall immediately notify 
the Commission of the name of the person and all ascertainable information as to 
race, nativity, date of last arrival in the United States, the name of the vessel 
on which he arrived, the port at which he landed, and the name of the transporting 
company. The Commission shall transmit this information to the appropriate United 
States authorities and shall continue to provide care and treatment for the patient 
or trainee pending arrangements for his deportation. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 



§ 32-1005 1952 Supplement 170 

§ 32-1005. Infirmed; harmless mental defective; harmless epileptic. 

The Commission shall investigate the case of each patient or trainee in a State 
mental health facility who is simply mentally or physically infirm or who is a 
harmless mental defective or harmless epileptic. When, in the opinion of the Com- 
mission, the family, guardian, trustee, committee, or other person legally respon- 
sible for the person is financially able to provide for his care, it shall, when in the 
opinion of the Commission this is advisable, transfer the patient or trainee to the 
custody of that person. If all persons legally responsible for the patient or trainee 
are financially unable to provide for his care, the Commission shall, when prac- 
ticable, transfer the custody of the person to the county health authorities of the 
county of which the patient or trainee was a resident prior to admittance. 

1952 (47) 2042. 

See § 32-977 for provisions of this section as they appeared in the 1942 Code. 

§ 32-1006. Examinations of patients and trainees; voluntary discharge. 

The superintendent of a State mental health facility shall as frequently as 
practicable, but not less often than every twelve months, examine or cause to be 
examined every patient or trainee and whenever he determines that the conditions 
justifying involuntary confinement no longer obtain, he shall immdiately make a 
report thereof to the Commission and the Commission may discharge the person. 

1952 (47) 2042. 

See § 32-978 for provisions of this section as they appeared in the 1942 Code. 

§ 32-1007. Privileges of patients and trainees. 

Subject to the general rules and regulations of the Commission and except to 
the extent that the superintendent of the institution determines that it is necessary 
for the welfare of the person to impose restrictions, every patient or trainee may : 

(1) communicate by sealed mail or otherwise with persons, including official 
agencies, inside or outside the institution ; and 

(2) receive visitors. 

Notwithstanding any limitations authorized under this section on the right of 
communication, every patient or trainee may communicate by sealed mail with the 
Commission and with the court, if any, which ordered his confinement. 

Any limitations imposed by the superintendent of the institution on the exercise 

of these rights by the patient or trainee and the reasons for the limitations shall 

be made a part of the clinical record of the person. 

1952 (47) 2042. 

See § 32-979 for provisions of this section as they appeared in the 1942 Code. 

§ 32-1008. Transfers. 

The Commission may transfer, or authorize the transfer of an involuntary 
patient or trainee from one facility to another if the Commission determines that 
it would be consistent with the medical needs of the person to do so. When a 
patient or trainee is transferred, written notice thereof shall be given to his legal 
guardian, parents, spouse, or, if none be known, to his nearest known relative or 
friend. 

If the legal guardian, parent, spouse, or relative or friend of an involuntary 
patient or trainee desires the transfer of the patient from one facility to another 
he may submit a request therefor to the Commission stating his reasons for desiring 
the transfer and unless the Commission reasonably determines that it would be 
inconsistent with the medical needs of the person the transfer shall be made. 



171 Code of Laws of South Carolina, 1952 § 32-1011 

Upon receipt of a certificate of an agency of the United States that facilities are 
available for the care or treatment of any individual confined pursuant to law in 
any State mental health facility and that such individual is eligible for care or 
treatment in an institution of the agency, the Commission may cause his transfer 
to the agency of the United States for confinement. Upon effecting the transfer, 
the court ordering confinement, the legal guardian, spouse, and parents, or if none 
be known, his nearest known relative or friend shall be notified thereof immediately 
by the Commission. No person shall be transferred to an agency of the United 
States if he be confined pursuant to conviction of any felony or misdemeanor or 
if he has been acquitted of the charge solely on the ground of mental illness unless 
prior to transfer the court originally ordering his confinement shall enter an order 
for transfer after appropriate motion and hearing. Any person transferred as pro- 
vided in this section to an agency of the United States shall be deemed to be 
confined by the agency pursuant to the original order of confinement. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1009. Discharges ; effect of regular. 

No person except a voluntary patient or trainee shall be conditionally discharged 
or discharged except upon approval by the Commission and the fulfillment of 
conditions specified by it. The regular discharge of any person shall ipso facto 
restore to him all his legal rights. The superintendent of the facility from which 
a person, admitted under judicial procedure, is discharged shall cause to be filed 
with the court from which the person was admitted a certificate, the form of 
which the Commission shall prescribe, showing that the person concerned has been 
found mentally competent and has been regularly discharged. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1010. Discharge or leave of absence of person confined by judicial pro- 
ceedings. 

Notwithstanding any other provision of this chapter, no person with respect to 
whom proceedings for judicial confinement have been commenced shall be granted 
leave of absence, conditionally discharged or discharged during the pendency of 
such proceedings unless ordered by the court upon the application of the patient 
or trainee, or his legal guardian, parent, spouse, or next of kin, or upon the report 
of the superintendent of the facility that the person may be discharged with safety. 

1952 (47) 2042. 

§ 32-1011. Service of process. 

The superintendent of a State mental health facility shall not accept service of 
legal papers, nor consent to the appointment of a guardian ad litem, for any 
patient or trainee. When a legal paper is served on a patient or trainee in a 
facility, a copy thereof shall be filed with the superintendent who shall cause it to 
be made a part of the permanent record of the person. The superintendnt shall 
immediately, in writing, inform the court out of which the process issued of the 
date of service of the process, the procedure under which the patient or trainee was 
admitted to the facility, and the present mental and physical condition of the 
person. 

1952 (47) 2042. 



§ 32-1012 1952 Supplement 172 

§ 32-1012. Sexual intercourse with patient or trainee. 

Any person, having sexual intercourse with a patient or trainee of any State 
mental health facility whether the patient or trainee is within the facility or un- 
lawfully away from the facility shall be guilty of a felony, and, upon conviction, 
shall be punished by hard labor on the county chaingang or in the State Penitentiary 
for a period not exceeding twenty years, within the discretion of the court. 

1952 (47) 2042. 

§ 32-1013. Committee for patient or trainee. 

When an individual shall have been admitted to a State mental health facility 
under the provisions of §§ 32-958 to 32-967 and § 32-1024 or §§ 32-1033 to 32-1039 
and remains a patient or trainee therein, as well as in the case of an individual ad- 
mitted thereto prior to March 7 1952 who is a patient or trainee therein, the 
probate court of the county wherein the individual resided prior to admittance 
shall have jurisdiction to appoint a committee for him and to make all orders 
necessary for the custody and control of his estate, upon application by a relative, 
friend, or other interested person. The application must be accompanied by a 
certificate, signed by the physician in charge and the superintendent of the facility 
concerned, stating that the person is in their opinion, after a full examination, 
mentally ill or mentally defective. 

1952 (47) 2042. 

§ 32-1014. Charges for maintenance and medical care. 

The Commission shall establish the charges for maintenance and medical care 
for patients, other than beneficiary, of State mental health facilities. These charges 
shall be based upon the per capita costs per day of the services rendered, which 
may include costs of operation, costs of depreciation, and all other elements of 
cost, which may be adjusted from time to time as the Commission considers ad- 
visable. It shall establish a reasonable scale of fees to be charged patients, other 
than beneficiary, served by the mental health clinics and shall retain these fees 
for use in defraying the expenses of the clinics. 

1952 (47) 2042. 

§ 32-1015. Contract for care and treatment. 

The Commission shall make investigations and ascertain which of the patients 
or trainees of State mental health facilities or which of the parents, guardians, 
trustees, committees, or other persons legally responsible therefor, are financially 
able to pay the expenses of the care and treatment and it may contract with any of 
these persons for the patient's or trainee's care and treatment. The Commission 
may require any county or State agency which might have or might be able to 
obtain information which would be helpful to it in making this investigation to 
furnish this information upon request. In arriving at the amount to be paid the 
Commission shall have due regard for the financial condition and estate of the 
patient or trainee, his present and future needs and the present and future needs 
of his lawful dependents, and whenever considered necessary to protect him, 
or his dependents, may agree to accept a monthly sum less than the actual per capita 
cost. 

1952 (47) 2042. 



173 Code of Laws of South Carolina, 1952 § 32-1021 

§ 32-1016. Lien for care and treatment. 

There is hereby created a general lien upon the real and personal property of any 
person who is receiving or who has received care or treatment in a State mental 
health facility, to the extent of the total expense to the State in providing the 
care, training or treatment after March 7 1952. The Commission shall send to the 
clerk of court and to the judge of probate of the county of the patient's or trainee's 
known or last known residence a statement showing the name of the patient or 
trainee and the date upon which the lien attaches, which shall be filed in the 
offices of the clerk of court and the judge of probate in each county in which the 
patient or trainee then owns or thereafter acquires property, real or personal, and 
no charge shall be made for this filing. From the time of filing in either office, 
the statement shall constitute due notice of the lien against all property then owned 
or thereafter acquired by the patient or trainee. No action to enforce the lien 
may be brought more than one year after the patient's or trainee's death. This 
lien shall in no way affect the right of homestead. 

1952 (47) 2042. 
§ 32-1017. Liability of estate of deceased patient or trainee for State care. 

Upon the death of a person who is or has been a patient or trainee of a State 
mental health facility the executor or administrator and the judge of probate shall 
notify the Commission in writing. If the decedent was cared for at the expense of 
the State during his confinement, the Commission shall present a claim for the 
amount due and this claim shall be allowed and paid as other lawful claims against 
the estate. The Commission may waive the presentation of any claim where, in its 
opinion, an otherwise dependent person would be directly benefited by waiver. 

1952 (47) 2042. 

Article 4. 

State Hospitals. 
§ 32-1021. General admissions. 

Any individual may, subject to the availability of suitable accommodations, be 
admitted to a state hospital upon : 

( 1 ) written application to the hospital by a friend, relative, spouse, custodian, 
or guardian of the individual or the superintendent of any medical institution in 
which such individual may be ; and 

(2) a certification by two designated examiners that they have jointly examined 
the individual and that they are of the opinion that he is mentally ill ; and 

(a) is in need of care and treatment in a hospital and because of his condition, 
lacks sufficient insight or capacity to make responsible application therefor or 

(b) because of his condition is likely to injure himself or others. An individual, 
with respect to whom such a certificate has been issued, may not be admitted on 
the basis thereof at any time after the expiration of fifteen days after the date of 
examination, exclusive of any period of temporary detention authorized under 
§ 32-1002. 

Such certificate, if it states a belief that the individual is likely to injure himself 
or others, shall, upon endorsement by a judge of the probate court of the county 
in which the individual is resident or present, authorize any police officer, preferably 
in civilian clothes, to take the individual into custody and transport him to the 
hospital designated in the application. 

1952 (47) 2042. 



§ 32-1022 1952 Supplement 174 

§ 32-1022. Voluntary admissions. 

The superintendent of a private hospital may and subject to the availability of 
suitable accommodations and if in the judgment of the superintendent the person 
is a proper subject for voluntary admission, the superintendent of a state hospital 
shall admit for observation, diagnosis, care and treatment any individual who is : 

(1) Mentally ill or has symptoms of mental illness and who, being twenty-one 
years of age or over, applies therefor or 

(2) Mentally ill or has symptoms of mental illness and is under twenty-one years 
of age, if his parent or legal guardian applies therefor in his behalf. 

1952 (47) 2042. 

§ 32-1023. Involuntary admissions. 

Any individual may. subject to the availability of suitable accommodations, be 
admitted to a state hospital upon : 

(1) written application to the hospital by any person stating his belief that 
the individual is likely to cause injury to himself or others if not immediately 
restrained, and the grounds for this belief; and 

(2) a certification, in triplicate, by at least one licensed physician that he has 
examined the individual and is of the opinion that the individual is mentally ill and, 
because of his condition, is likely to injure himself or others if not immediately 
restrained. 

An individual with respect to whom such a certificate has been issued may 
not be admitted on the basis thereof at any time after the expiration of three days 
after the date of examination. 

Such certificate shall authorize any police officer, preferably in civilian clothes, to 
take the individual into custody and transport him to the hospital designated in 
the application. Within forty-eight hours after taking the individual into custody 
the police officer shall obtain an endorsement of the certificate by the judge of 
probate of the county in which the individual is taken into custody. If the judge 
of probate refuses to endorse the certificate he shall state thereon his reasons for 
his refusal and immediately transmit it to the hospital concerned and the hospital 
shall discharge the patient immediately unless the superintendent thereof forthwith 
files the certificate to initiate action provided for in § 32-973. 

1952 (47) 2042. 

§ 32-1024. Admission of person charged with crime to State Hospital. 

Any judge of the circuit court may order admitted to the South Carolina State 
Hospital any person charged with the commission of any criminal offense who 
shall, upon the trial before him, be adjudged mentally ill, or in whom there 
is a question as to the relation of mental illness to the alleged crime, whether this 
question is raised by the prosecution or defense, or it appears to the judge from 
any evidence brought before him or upon his own recognition. At the end of thirty 
days the person shall be returned to the court if found mentally competent, or if he 
is found mentally ill, then the superintendent of the hospital shall certify this finding 
to the court and shall retain the person as a patient subject to the further orders 
of the court, and any time thereafter upon the patient's recovery the court shall be 
notified. 

1952 (47) 2042. 



175 Code of Laws of South Carolina, 1952 § 32-1030 

§ 32-1025. Party notify of admission to a state hospital. 

Whenever a patient has been admitted to a hospital pursuant to § 32-1021 or 
§ 32-1023 on the application of any person other than the patient's legal guardian, 
spouse, or next of kin, the superintendent of the hospital shall promptly notify the 
patient's legal guardian, spouse, or next of kin, if known. 

1952 (47) 2042. 

§ 32-1026. Discharge of patients ; assistance render involuntary patients. 

Any patient confined under the provisions of § 32-1021 or § 32-1023, who re- 
quests to be discharged or whose discharge is requested, in writing, by his legal 
guardian, spouse, or adult next of kin, shall be discharged within seven days after 
receipt of the request except that, upon application to the probate court supported 
by a certification by the superintendent of the hospital that in his opinion discharge 
would be unsafe for the patient or for others, discharge may be postponed for a 
period not to exceed fifteen days which the court may determine to be necessary for 
the commencement of proceedings for a judicial determination pursuant to §§ 
32-958 to 32-967. 

The superintendent of the hospital shall provide reasonable means and arrange- 
ments for informing involuntary patients of their rights to discharge as provided 
in this section and for assisting them in making and presenting requests for dis- 
charge. 

1952 (47) 2042. 

§ 32-1027. Conditional discharge of improved patient; final discharge. 

The superintendent of a state hospital with the approval of the Commission, may 
conditionally discharge an improved patient on the condition that he receive 
out-patient treatment or on other reasonable conditions specified by the Commis- 
sion. Whenever conditional discharge of a patient has extended beyond one year, 
the superintendent of the institution shall re-examine the facts relating to confine- 
ment of the patient and, if he determines that in view of the condition of the 
patient confinement is no longer justified, he shall make an immediate report 
thereof to the Commission and the Commission may discharge the patient. 

1952 (47) 2042. 

§ 32-1028. Reconfinement of conditionally discharged patient or patient away 
without leave. 

The Commission may issue an order for the immediate reconfinement of a 
conditionally discharged patient who has failed to fulfill the conditions of this 
discharge or any patient who has left a state hospital without permission if it 
has reason to believe that conditions justifying confinement continue to exist. Such 
order, when endorsed by the judge of the probate court of the county in which 
the patient is resident or present, shall authorize any police officer, preferably in 
civilian clothes, to take the patient into custody and transport him to the facility 
designated by the Commission. 

1952 (47) 2042. 

§ 32-1030. Payment of small amounts to State Hospital superintendent. 

If any insane person, a patient of the State Hospital, has no legally appointed 
committee in lunacy, the superintendent of the Hospital may receive and accept 
for the use and benefit of any such patient any sum of money, not in excess of the 



§ 32-1030 1952 Supplement 176 

sum of seven hundred dollars in any one calendar year, which mav be due such 
patient by inheritance, gift, pension or otherwise. The superintendent may act 
as committee in lunacy for any such patient and his endorsement or receipt shall 
discharge the obligor for such sum so received. Upon receipt of any such fund 
the superintendent shall use it for the proper maintenance, use and benefit of such 
patint, or as much thereof as may be necessary for such purposes. In the event 
any such patient should die leaving an unexpended balance of any such funds in 
the hands of the superintendent, he shall apply such balance first to the funeral 
expenses of such patient and then to the payment and discharge of any indebtedness 
due the Hospital by such deceased patient and any balance remaining thereafter 
shall be paid to the judge of probate of the county committing such patient to be 
distributed under the statute of distribution of the State. 
1952 (47) 2042. 

Article 5. 

State Training Schools. 
§ 32-1031. Areas. 

Any State training school may be organized into the following areas : 

( 1 ) A school area, the purpose of which shall be to establish, promote and 
maintain a child development center in which supervision and training are organized 
to supply the needs, to the best degree possible, of those persons admitted thereto. 

(2) A hospital area, the purpose of which shall be to provide nursing, super- 
vision, recreation and any form of elementary training considered proper for the 
attainment of better living, to as high a degree as possible, for all persons admitted 
thereto. 

(3 ) A home area, the purpose of which shall be to provide custody, care, super- 
vision and such vocational instruction as is deemed practical for adults and other 
persons who may be considered incapable of profiting satisfactorily from instruc- 
tion and residence in the school area. 

1952 (47) 2042. 

§32-1032. Voluntary admissions. 

The superintendent of a private training school may and, subject to the avail- 
ability of suitable accommodations and if in the judgment of the superintendent the 
person is a proper subject for voluntary admission, the superintendent of a State 
training school shall admit for observation, diagnosis, training, care and treatment 
any individual who is mentally defective, if his parents, parent with custody, county 
governing body, lawful custodian or legal guardian applies therefor on his behalf. 

An individual under sixteen years of age may, upon approval of the Commission, 
be admitted for the purpose of examination, adjustment, treatment or training to 
a state training school, if his parents, parent with custody, county governing body, 
lawful custodian or legal guardian applies therefor on his behalf. 

The Commission shall determine which of the applications for admission shall 
be granted and in what order. 

1952 (47) 2042. 

§ 32-1033. Application for involuntary admission; hearing; appeal. 

Proceedings for the involuntary admission of any individual to a State training 
school may be commenced by the filing of a written application with the probate 
court or any other court having jurisdiction by any friend, relative, guardian or 



177 Code of Laws of South Carolina, 1952 § 32-1037 

the superintendent of any public or private institution in which such individual 
may be. The application shall be accompanied by a certificate of a licensed physician 
stating that he has examined the individual and is of the opinion that he is mentally 
defective, or is otherwise a proper person to be admitted to a State training school, 
and should be admitted, or a written statement that the individual has refused to 
submit to an examination by a licensed physician. 
1952 (47) 20-12. 

§ 32-1034. Parties notify. 

Upon receipt of an application the court shall give notice thereof to the person 
for whom the application is made, to his legal guardian, if any, and to his parents 
and nearest known other relative or friend. If, however, the court has reason to 
believe that notice would be likely to be injurious to the individual, notice to him 
may be omitted. 

1952 (47) 2042. 

§ 32-1035. Examination of individual. 

As soon as practicable after notice of the commencement of the proceedings is 
given or it is determined that notice should be omitted, the court shall appoint 
two designated examiners to examine the individual and report to the court their 
findings as to his mental condition and his need for custody, care, training or 
treatment in a training school. 

1952 (47) 2042. 

§ 32-1036. Report of examiners. 

If the report of the examiners is to the effect that they are of the opinion 
the individual is mentally defective, or is otherwise a proper person to be ad- 
mitted to a state training school, the court shall forthwith fix a date for and give 
notice of a hearing, if a hearing is requested, to be held without a jury not less 
than ten nor more than fifteen days from receipt of the report. If the report of the 
examiners is to the effect that they are of the opinion that the individual is not 
mentally defective, or is not otherwise a proper person to be admitted to a state 
training school, the court shall terminate the proceedings and dismiss the applica- 
tion. 

1952 (47) 2042. 

§ 32-1037. Hearing. 

If a hearing is requested, all persons to whom notice is required to be given 
may appear at the hearing, testify, and present and cross examine witnesses, and 
the court may receive the testimony of any other person. The individual for whom 
the application is made shall not be required to be present, and the court may 
exclude all persons not necessary for the conduct of the proceedings. The hear- 
ing shall be conducted in as informal a manner as may be consistent with orderly 
procedure and in a physical setting not likely to have a harmful effect on the 
mental health of the individual. The court shall receive all relevant and material 
evidence which may be offered, including evidence of the want of proper supervision, 
control, care or support and of any other condition making it unsafe or dangerous 
to the welfare of the community or the welfare of the individual for whom the 
application is made to be at large without supervision, control and care. 

1952 (47) 2042. 



§ 32-1038 1952 Supplement 178 

§ 32-1038. Order. 

If, upon completion of the hearing and consideration of the record, or, if no 
hearing be requested, upon the filing of the report of the examiners, the court 
finds that the individual for whom the application is made is mentally defective, 
or is otherwise a proper person to be admitted to a State training school and 

( 1 ) is in need of custody, care, training or treatment in a training school and 
because of this condition lacks sufficient insight or capacity to make responsible 
decisions with respect to his admittance to a training school or 

(2) because of his condition is likely to injure himself or others or is dangerous 
to the welfare of the community, it shall order his admittance to a State training 
school; otherwise, it shall dismiss the proceeding. No such order, however, shall 
be issued, admitting any individual to a State training school, or be binding upon 
the Commission, until the Commission, having been notified by the court of its 
finding, shall inform the court that suitable accommodations for the custody, care, 
training or treatment of the individual are available at a State training school. 

1952 (47) 2042. 

§ 32-1039. Appeal. 

The petitioner or any other interested person standing within the family relation- 
ship of the person for whom the application is made may appeal from the order 
of the probate court or any other court subordinate to the court of common pleas 
to the court of common pleas of the county, and a trial shall be had de novo with 
a jury in the same manner as civil actions are tried. 

1952 (47) 2042. 

§ 32-1040. Discharge. 

No individual admitted to a State training school under § 32-1032 or §§ 32-1033 
to 32-1039 shall be discharged without the approval of the Commission or, by its 
designation, without approval of the superintendent, except upon an order of a 
judge of the Supreme Court or a circuit court of this State, having jurisdiction, 
rendered in a proceeding in the nature of an application for a writ of habeas corpus. 

1952 (47) 2042. 

§ 32-1041. Leave of absence. 

The superintendent of any State training school, with the approval of the Com- 
mission, may permit any persons to leave a State training school on leaves of 
absence for such lengths of time on such conditions as may be determined, and 
may from time to time extend the period of such leaves or change the conditions 
upon which they are granted. The Commission shall cause an investigation to be 
made prior to the granting of any such leave as to the home or place into which 
such persons may go and of all other conditions and circumstances which may affect 
the welfare of the persons to whom the leave may be granted. The Commission may 
revoke any leave of absence so granted and return any person to the institution 
at any time for any cause, in its judgment, deemed wise. 

1952 (47) 2042. 

§ 32-1042. Reconfinement. 

The Commission may issue an order for the immediate reconfinement of any 
person who mav leave without permission or who may be on leave of absence, then 
revoked, from any State training school and this order, when endorsed by the judge 



179 Code of Laws of South Carolina, 1952 § 32-1067 

of the probate court of the county in which the person is resident or present, shall 
authorize any police officer, preferably in civilian clothes, to take the person into 
custody and transport him to the training school designated. 
1952 (47) 2042. 

§ 32-1043. Interference with return or failure to return. 

Any person who shall harbor or otherwise interfere with the Commission in 
the return of any such person who may have left a training school without per- 
mission or who may fail to return or be returned after revocation of any leave of 
absence, shall be guilty of a misdemeanor and shall be punished within the discre- 
tion of the court. 

1952 (47) 2042. 

CHAPTER 7. 

State Training School. 

§ 32-1051. "Feeble-minded" defined. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1052. School established. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 2042 to 2074. 

§ 32-1053. Corporate powers. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1054. Board of Regents of State Hospital to control; rules and regula- 
tions. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1055. Separate location and management. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1058. Who may be admitted or committed to school. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1059. Procedure for admission. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1060. Petition for commitment. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1061. Hearing on petition. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1062. Order of court on petition. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1063. How expenses of commitment, etc., paid. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 2042 to 2074. 

§ 32-1064. Custody and detention of persons admitted or committed. 

Repealed by 1952 A. & J. R. (47 St. at h.) pp 2042 to 2074. 

§ 32-1065. Liability for maintenance. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1066. Departments of school. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1067. Persons admitted to departments. 

Repealed by 1952 A. & J. R. (47 St. at L.) £p_ 2042 to 2074. 



§ 32-1068 1952 Supplement 180 

§ 32-1068. School department. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1069. Qualification of teachers in school department. 

Repealed by 19S2 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1070. Child study center. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1071. Hospital department. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1072. Home department. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1073. Parole of inmates; revocation. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1074. Repossessing paroled or escaped children; interference a misde- 
meanor. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

§ 32-1075. Sexual intercourse with inmate or parolee a felony. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

CHAPTER 8. 
Vital Statistics. 

Article 2. 
Birth Cards and Other Certificates. 

§ 32-1124. Fees for such certificates. 

For the making, furnishing of and certification upon any such card or certificate 
or certified copy of the record mentioned in §§ 32-1121 or 32-1122 a fee of fifty 
cents shall be charged and paid by the applicant. 

1952 (47) 2146. 

CHAPTER 9. 
Water, Sewerage, Garbage, etc. 



See § 44-660. 



Article 10. 
Garbage Disposal in Spartanburg County. 

§ 32-1331. County health department regulate disposal of garbage. 

The county health department may regulate the collection, removal and disposal 
of all garbage within the county. All disposal plants, equipment, sites and similar 
property shall at all times be subject to the inspection, approval and regulation of 
the health department. 

1952 (47) 2134. 

§ 32-1332. License required handle garbage or clean septic tanks. 

It shall be unlawful for any person to move, collect, transport, or in any way 
handle garbage or clean septic tanks for hire in Spartanburg County without first 
having obtained from the Spartanburg County Health Department a permit or 
license authorizing same. However, any person may move or dispose of garbage 
that accumulates on his premises without obtaining such license. 

1952 (47) 2134. 



181 Code oe Laws oe South Carolina, 1952 § 33-106.1 

§ 32-1333. License for removal trucks, etc. ; inspection. 

The health department may charge a minimum license fee of one dollar per year 
to each truck, wagon or other conveyance moving, collecting or transporting gar- 
bag in the county. The conveyance shall be subject to inspection and approval of 
the health department, and if* at any time such conveyance is found to be inade- 
quate, or undesirable for such use, the license of same may be revoked by the 
health department. 

1952 (47) 2134. 

§ 32-1334. Article inapplicable to cities and towns. 

The provisions of this article shall not apply to incorporated cities and towns 
within the county. 
1952 (47) 2134. 

§ 32-1335. Penalties. 

Any person violating any of the regulations of the State Board of Health or 
county board of health after he shall have been notified thereof in writing by the 
county health officer, a sanitary inspector or a county health nurse shall be guilty 
of a misdemeanor and on conviction shall be imprisoned not less than three or more 
than ten days or pay a fine of not less than five dollars or more than twenty-five 
dollars. Each day that any such regulation is not obeyed after one notice shall 
constitute a separate offense. Notice by registered mail shall be sufficient here- 
under. The penalty provided herein shall be in addition to all other remedies and 
penalties provided by law. 

1952 (47) 2134. 

Title 33. 

Highways, Bridges and Ferries. 

Chapter 3. State Highway System, § 33-106.1. 
11. County Road Taxes, § 33-1206. 
13. Special Provisions for Particular Counties, § 33-1521. 

CHAPTER 3. 

State Highway System. 

Article 1. Article 2. 

Composition of and change in System, Rights of Way, Lands and Condemnation, 

§ 33-106.1. § 33-146.1. 

Article 1. 

Composition of and Change in System. 
§ 33-106.1. Additions to secondary system; maintenance. 

The State Highway Department shall take over and accept as a part of the state 
highway secondary system the roads remaining in the various county road systems, 
which have been maintained by the respective counties, or so much mileage thereof, 
as the availability of funds for construction of secondary State highways in a county 
may justify. Municipal streets which are extensions of state highways may be 
added to the state highway secondary system in lieu of an equal mileage of county 
roads. The roads to be placed in the state highway system hereunder shall be 
selected by the Department by and with the approval of the Senator and at least 
one-half of the members of the House in each county. Maintenance jurisdiction by 
the Department of roads added to the state highway secondary system pursuant 



§ 33-106.1 1952 Supplement 1S2 

to the provisions of this section shall not commence until construction to state 
highway standards shall have started. 
1952 (47) 2031. 

§ 33-106.2. Substitution of roads in secondary system; maintenance of de- 
leted road. 

The State Highway Department, with the approval of the Senator and at least 
one-half of the members of the House in each county, may delete and remove from 
the state highway secondary system of roads in any county any roads which are 
of low traffic importance, and substitute therefor, an equal, or less, mileage of other 
roads of higher traffic importance as determined by traffic surveys and estimates 
Maintenance responsibility for roads deleted and removed from the state highway 
secondary system, pursuant to the provisions of this section, shall transfer from the 
jurisdiction of the Department to the jurisdiction of the county or municipality in 
which such roads are situated, effective upon notice from the Department of official 
action deleting and removing the roads from the state highway system. 

1952 (47) 2031. 

§ 33-120.4. Anderson County. 

(1) A section of road designated as road S-4-210 from road S-4-96 approxi- 
mately two miles west of Williamston southwesterly approximately two miles to 
U. S. Route 29 is hereby taken out of the state highway system. 

(2) With the approval of the Senator and at least one-half of the Representatives 
from Anderson County, a section of road in Anderson County of approximately 
equal length may be added to the state highway system in lieu of the road herebv 
removed. 

1952 (47) 2120. 

§ 33-120.6. Barnwell County. 

( 1 ) The State Highway Department, with the approval of the Barmuell County 
legislative delegation, may construct any necessarv service and access roads and 
streets to housing developments, in Barnwell County in the vicinity of the Savannah 
River Plant of the A. E. C, out of Barmt'eU County's allocation of secondary road 
construction funds, and to maintain such roads so constructed as parts of the state 
highway secondary system. 

1952 (47) 2040. 

(2) The State Highway Department shall add to the state highway system, sur- 
vey and construct a road approximately one and four-tenths miles in length from 
the intersection of Jackson and Boundary Streets in Barmccll southerly and south- 
easterly to State Route 3 south of Barnwell. 

The cost of this road shall be charged against funds allocated to Barnwell 
County for secondary or farm-to-market road construction. 
1952 (47) 2119. 

§ 33-120.37. Oconee County. 

The section of road in Oconee County designated as road 145 and extending 
from U. S. route 76 approximately two-tenths mile west of the Oconee-Anderson 
County line southwesterly and westerly approximately one and two-tenths miles to 
road 22 is removed from the state highway system. 

1952 (47) 2033. 



183 Code of Laws of South Carolina, 1952 § 33-1206 

Article 2. 
Rights of Way, Lands and Condemnation. 
§ 33-122. Acquisition of property generally. 

Cited. Welling v. Clinton Newberry Nat- S. E. (2d) 7, (1952). 
ural Gas Authority, et al, 221 S. C. 417; 71 

§ 33-146.1. Same; Charleston, Greenville and Spartanburg Counties. 

In Charleston, Greenville, and Spartanburg Counties all deeds and other instru- 
ments or papers required to be filed under the provisions of § 33-146 in the office 
of the clerk of court of common pleas shall be filed in the office of the register of 
mesne conveyance. All duties required of clerks of court in other counties in said 
section are devolved upon the register of mesne conveyance of Charleston, Green- 
ville, and Spartanburg Counties, and the records required to be kept by the State 
Highway Department under said section in the office of the clerk of court of com- 
mon pleas shall be maintained in Charleston, Greenville, and Spartanburg Counties 
in the office of the register of mesne conveyance. 

1952 (47) 2041. 

CHAPTER 5. 
Obstructions or Damages to Roads or Drainage Thereof. 

Article 4. 
Gates. 
§ 33-512. Gates on private roads. 

The gates authorized by this statute are vide enclosures, not mere obstructions to 

such as are erected to prevent the passage travel. Owens v. Cantrell, 219 S. C. 433; 65 

of animals, not people, and it is contem- S. E. (2d) 773, (1951). 
plated that they be parts of fences to pro- 

CHAPTER 10. 
County Roads, Bridges and Ferries Generally. 

Article 5. 
Suits for Injuries on Highways. 
§ 33-921. Damages from defective highways, etc. 

The base of liability of counties with re- Jeff Hunt Machinery Co. v. S. C. State 
spect to their highways is substantially the Hwy. Dept., 219 S. C. 340; 65 S. E. (2d) 
same as that of the State as to its highways. 260, (1951). 

§ 33-923. Claim prerequisite to suit; time limit on suit. 

Order sustaining demurrer to complaint (2d) 548, (1950). 
for its failure to allege filing of verified Substantial compliance with require- 

claim within prescribed time and permitting ment that claim be filed in 180 days, held 

plaintiff to amend it sustained. Braudie v. sufficient, Braudie v. Richland County, 219 

Richland County, 217 S. C. 57; 59 S. E. S. C. 130, 64 S. E. (2d) 248, (1951). 

CHAPTER 11. 
County Road Taxes. 

Article 24. 
Nezvberry County. 

§ 33-1206. Commutation road tax. 

Repealed by 1952 A. & J. R. (47 St. at L.) p 1706 



§ 33-1521 1952 Supplement 184 

CHAPTER 13. 

Special Provisions for Particular Counties. 

Article 9. Article 12.1. 

Chester County, § 33-1521. Darlington County, § 33-1566. 

Article 9. 
Chester County. 
§ 33-1521. Supervision of road work. 

The county manager shall have in charge, organize and manage the construction, 
maintenance and repair of the roads, highways, and bridges of Chester County 
and shall have adequate authority and full responsibility for the construction and 
maintenance of roads, highways, and bridges. The county manager shall cooperate 
at all times with the State Highway Department in the highway construction pro- 
gram now jointly engaged in by the Department and Cliestcr County on roads in 
the highway system and shall accept supervisory technical assistance made availa- 
ble by the Department in the program of construction and maintenance of roads 
in Chester County. 

1952 (47) 2127. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2127 to 2130. 

§ 33-1522. Compensation and bond of supervisor. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2127 to 2130. 

§ 33-1523. Supervisor to hire and discharge employees. 
Repealed by 1952 A. 5; J. R. (47 St. at L.) pp 2127 to 2130. 

Article 12.1. 
Darlington County. 
§ 33-1566. Road programs. 

The Darlington Countv board of directors shall as soon as practicable after its 
appointment, and not later than February 1st of each succeeding year, draw up a 
proposed program for the building of roads, improvements to existing roads, and 
recommendations for roads to be included in the state primary and secondary sys- 
tems. The program shall be designed to cover a period of one year from the date 
of its preparation and the countv delegation shall be governed thereby in all matters 
properly contained therein and no changes or deviations made except by and with 
the consent of the majority of the county delegation, including the Senator. 

5 J 47i 2096. 

Title 37. 
Insurance. 
Chapter 3. Insurance Companies. Brokers and Agents Generally. § 37-149.1. 

CHAPTF.R 2. 
Insurance Department. 

Article 1. 
General Provisions. 

§ 37-66. Power of court on review. 

Applied. Independence Ins. Co. v. Inde- Corporation. 218 S. C. 22; 61 S. E. (2.1) 399, 
pendent Life & Ace. Ins. Co., A Florida (1950). 



185 Code oe Laws of South Carolina, 1952 § 38-76 

A letter from an insurance company to which no remedy can be had in a civil ac- 

state insurance commissioner, relating to tion. Johnson v. Independent Life & Acci- 

termination of agent's employment is an dent Ins. Co., 94 F. Supp. 950 (1951). 
absolutely privileged communication for 

CHAPTER 3. 

Insurance Companies, Brokers and Agents Generally. 

Article 3. 
Conduct of Business Generally, § 37-149.1 

Article 1. 

Certificates of Authority and Other Requirements for Doing Business. 

§ 37-108. Foreign companies with names similar to others not to be qualified. 

Cited. Independence Ins. Co. v. Indepen- poration, 218 S. C. 22; 61 S. E. (2d) 399, 
dent Life & Ace. Ins. Co., A Florida Cor- (1950). ' 

Article 3. 

Conduct of Business Generally. 

§ 37-149.1. Investments in farm loan bonds. 

Any insurance company organized under the laws of this State may invest in or 
lend money on the security of Federal farm loan bonds issued by the Federal land 
banks pursuant to the Federal Farm Loan Act as amended, bonds issued by the 
Federal Farm Mortgage Corporation pursuant to the provisions of an act of Con- 
gress known as the 'Federal Farm Mortgage Corporation Act,' Federal Inter- 
mediate Credit Bank debentures issued pursuant to the Federal Farm Loan Act as 
amended, and debentures issued by Central Bank for Cooperatives organized under 
the Farm Credit Act of 1933. 

1952 (47) 1893. 

Title 38. 

Juries and Jurors in Circuit Courts. 



■308. 



Chapter 2. Drawing and Summoning Jurors, § 38-51.2. 

5. Service as Jurors and Compensation Therefor, § 38- 

CHAPTER 2. 
Drawing and Summoning Jurors. 

§ 38-51.2. Same; Richland County. 

In Richland County, when, at the time for preparing a jury list or at the time 
for drawing a jury, the clerk of court of common pleas, the county auditor or the 
county treasurer is unable to serve, one or more of the following, as may be neces- 
sary, shall act as jury commissioners in lieu of their respective superiors : the dep- 
uty clerk of common pleas, the deputy county auditor or the deputy county treas- 
urer. 

1952 (47) 2123. 

Former § 38-51.2 being based on population was applicable only to Richland county and 
in view of above provisions it is considered the former section was repealed thereby. 

§ 38-76. Calling alternate jurors in circuit court. 

Constitutional. State v. Mclntire, 221 S. C. 504; 71 S. E. (2d) 410, (1952). 



§ 38-202 1952 Supplement 186 

CHAPTER 4. 
Objections and Challenges to Jurors and Empanelling of Juries. 

§ 38-202. Jurors may be examined by court; if not indifferent, shall be set 
aside. 

There is no rule of the common law, nor guinity, within any degree. The State v. 

is there a statute disqualifying a juror on Nicholson, et al, 221 S. C. 399; 70 S. E. 

account of his relationship to an attorney (2d) 632, (1952). 
in the case, either by affinity or consan- 

CHAPTER 5. 
Service as Jurors and Compensation Therefor. 

§ 38-303. Procedure when jury fail to agree. 

Applied. Rowland v. Harris, et al, 218 S. C. 42; 61 S. E. (2d) 397, (1950). 

§ 38-308. Compensation of jurors in circuit court. 

***** 

(4) In the counties of Allendale, Bamberg, Barnwell, Beaufort, Cherokee, 
Chester, Chesterfield, Colleton, Dorchester, Fairfield, Jasper, Lexington, Oconee, 
Orangeburg, and Saluda, three dollars; provided, that if any juror in Chester 
County is kept on duty after eleven o'clock at night he shall be paid for an addi- 
tional day; 
***** 

(8) In Charleston, Fairfield, Newberry, Pickens and Sumter Counties, five dol- 
lars; provided that if in either Charleston, Newberry or Pickens County any juror 
serving upon any case is detained by such jury service after twelve o'clock mid- 
night, it shall be considered that the jury shall have entered into a new day of jury 
service; and provided further, that if a juror in either Charleston or Nezvberry 
County in either such county is discharged from jury service before one o'clock 
p. m. on any day he shall only be paid one-half of the per diem herein set forth : 
two dollars and fifty cents. 

1952 (47) 1914. 

Title 42. 
Libraries. 

CHAPTER 7. 

Local Provisions. 

Article 13. Article 14. 

Lancaster County Public Library, § 42-501. Lee County Public Library Commission, 

§ 42-514. 

Article 13. 
Lancaster County Public Library. 

§ 42-501. County board of education to operate. 

The county board of education of Lancaster County shall operate the Lancaster 
County Public Library. The expenses of the operation of the library shall be de- 
frayed from school funds. 

1952 (47) 2014. 

§ 42-502. County board of education to provide sum in budget. 
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019. 



187 Code of Laws of South Carolina, 1952 § 43-670 

Article 14. 
Lee County Public Library Commission. 

§ 42-514. Annual meeting - ; election of offices; budgets. 

The commission shall hold an annual meeting in June of each year, at which 
time it shall elect a chairman, a secretary, an executive committee and such other 
officers and committees as it deems 'necessary, who shall hold office until the next 
annual meeting. The commission shall at its annual meeting estimate its prospective 
income for the ensuing fiscal year and adopt a budget calculated to operate the 
library during the next twelve months within the limits of the funds available. 
1952 (47) 1708. 

Title 43. 
Magistrates and Constables. 

Chapter 3. Search Warrants, Arrest, Preliminary Examinations, Commitment 
and Bail, § 43-231.1. 
5. Local Provisions, § 43-670. 

CHAPTER 2. 
Jurisdiction and Procedure in Magistrates' Courts. 

Article 2. 
Criminal Jurisdiction. 

§ 43-68. When jurisdiction exclusive and when concurrent. 

Stated. State v. Castleman, 219 S. C. 136, 64 S. E. (2d) 250. 

CHAPTER 3. 
Search Warrants, Arrest, Preliminary Examinations, Commitment 

and Bail 

Article 3. 
Preliminary Examinations. 
§ 43-231.1. Same; warrant issued by coroner. 

In instances in which a warrant charging a crime beyond the jurisdiction of a 
magistrate is issued by a coroner, a preliminary investigation as provided for 
herein shall be granted, upon demand of the defendant, by the magistrate having 
territorial jurisdiction. 
1952 (47) 2171. 

CHAPTER 5. 

Local Provisions. 

Article 12. Article 23. 

Chester County, § 43-670. Greenville County, § 43-802. 

Article 12. 
Chester County. 

§ 43-670. Number and location of magistrates; jurisdiction. 

***** 

The magistrate of the first magisterial district and the magistrate of the seventh 
magisterial district shall have jurisdiction over the entire area of the county in all 
civil matters triable in magistrates' courts. Nothing contained in this paragraph shall 



§ 43-670 1952 Supplement 188 

be construed to deprive a magistrate in any other district of the county of juris- 
diction in civil actions brought in his district. 
1952 (47) 2161. 

Article 23. 

Greenville County. 
§ 43-802. Territorial jurisdiction. 

The two magistrates located in Greenville, the one in West Greenville, the mag- 
istrates in Greer, Piedmont and Fountain Inn, the magistrates in Oaklawn and 
Bates townships and the magistrate in Taylor, in Chick Springs township shall 
have civil and criminal jurisdiction throughout the whole of the county. The other 
magistrates shall have jurisdiction only in both civil and criminal cases arising in 
their respective townships. The jurisdiction of these maigstrates shall be concurrent 
with that of the magistrates whose territorial jurisdiction is countywide. 

1952 (47) 1873. 

Title 44. 
Military, Civil Defense and Veterans Affairs. 

Chapter 5. Temporary or Emergency War Measures, § 44-415. 
9. Other Provisions for Benefit of Veterans, § 44-660. 

CHAPTER 5. 
Temporary or Emergency War Measures. 

Article 1.1. 
Contract with Other States for Mutual Helpfulness in Civil Defense Emergency. 
§ 44-415. Authorized. 

The State of South Carolina bv and through the Governor of the State is hereby 
authorized and empowered to enter into a compact with any State of the Union for 
mutual helpfulness in meeting any civil defense emergency or disaster which may 
arise in this State or in a state with which South Carolina may enter into a 
compact. 

1952 (47) 1721. 

§ 44-416. Terms of compact. 

The compact authorized by the provision of this article shall be in form as here- 
inbelow set out with such modifications and restrictions as the Governor may deem 
necessary for the proper protection of the best interests of this State. 
Interstate Civil Defense Disaster Compact Between The States of — — and 

South Carolina 
The contracting States solemnly agree : 

Article 1. The purpose of this compact is to provide mutual aid between the states 
in meeting any emergency or disaster from enemy attack, including sabotage and 
subversive acts and direct attacks by bombs, shellfire, and atomic, radiological, 
chemical, bacteriological means, and other enemy weapons. The prompt, full and 
effective utilization of the resources of the respective states, including such resources 
as may be available from the United States Government or any other source, are 
essential to the safety, care and welfare of the people of the states in the event of 
enemy action, and any other resources, including personnel, equipment or supplies, 



189 Code of Laws of South Carolina, 1952 § 44-416 

shall be incorporated into a plan or plans of mutual aid to be developed between 
the civil defense agencies or similar bodies of the states that are parties to the com- 
pact. The Directors of Civil Defense of party states shall constitute a committee to 
formulate plans and take all necessary steps for the implementation of this compact. 
Article 2. It shall be the duty of each state to formulate civil defense plans and 
programs for application within the state. There shall be frequent consultation be- 
tween the representatives of the states and with the United States Government 
and the free exchange of information and plans, including inventories of any ma- 
terials and equipment available for civil defense. In carrying out the civil defense 
plans and programs the party states shall so far as possible provide and follow 
uniform standards, practices, and rules and regulations including : 

( 1 ) Insignia, arm bands and any other distinctive articles to designate and 
distinguish the different civil defense services. 

(2) Blackouts and practice blackouts, air raid drills, mobilization of civil de- 
fense forces and other tests and exercises. 

(3) Warnings and signals for drills or attacks and the mechanical devices to 
be used in connection therewith. 

(4) The effective screening or extinguishing of all lights and lighting devices 
and appliances. 

( 5 ) Shutting off water mains, gas mains, electric power connections and the 
suspension of all other utility services. 

(6) All materials or equipment used or to be used for civil defense purposes in 
order to assure that such materials and equipment will be easily and freely inter- 
changeable when used in or by any other party state. 

(7) The conduct of civilians and the movement and cessation of movement of 
pedestrians and vehicular traffic, prior during and subsequent to drills or attacks. 

(8) The safety of public meetings or gatherings. 

(9) Mobile support units. 

Article 3. Any party state requested to render mutual aid shall take such action 
as is necessary to provide and make available the resources covered by this com- 
pact in accordance with its terms. The state rendering aid may withold resources 
to the extent necessary to provide reasonable protection for such state. Each party 
state shall extend to the civil defense forces of any other party state, while op- 
erating within its state limits under the terms and conditions of this compact, the 
same powers, except that of arrest unless specifically authorized by the receiving 
state, duties, rights, privileges and immunities as if they were performing their 
duties in the state in which normally employed or rendering services. Civil defense 
forces will continue under the command and control of their regular leaders but 
the organizational units will come under the operational control of the civil defense 
authorities of the state receiving assistance. 

Article 4. Whenever any person holds a license, certificate or other permit issued 
by any state evidencing the meeting of qualifications for professional, mechanical 
or other skills, such person may render aid involving the skill in any party state 
to meet an emergency or disaster and the state shall give due recognition to such 
license, certificate or other permit as if issued in the state in which aid is rendered 
for the duration of the emergency or disaster only. 



§ 44-416 1952 Supplement 190 

Article 5. No party state or its officers or employees rendering aid in another 
state pursuant to this compact shall be liable on account of any act or omission 
in good faith on the part of such forces while so engaged, or on account of the 
maintenance or use of any equipment or supplies in that connection. 
Article 6. Inasmuch as it is probable that the pattern and detail of the machinery 
for mutual aid among two or more states may differ from that appropriate among 
other party states, this instrument contains elements of a broad base common to 
all states, and nothing herein shall preclude any state from entering into supple- 
mentary agreements with another state or states. Such supplementary agreements 
may comprehend, but shall not be limited to, provisions for evacuation and reception 
of injured and other persons, and the exchange of medical, fire, police, public utility, 
reconnaisance, welfare, transportation and communications personnel, equipment 
and supplies. 

Article 7 . Each party state shall provide for the payment of compensation and 
death benefits to injured members of the civil defense forces of that state and the 
representatives of deceased members of such forces in case such members sustain 
injuries or are killed while rendering aid pursuant to this compact, in the same 
manner and on the same terms as if the injury or death were sustained within 
such state. 

Article 8. Any party state rendering aid in another state pursuant to this com- 
pact shall be reinbursed by the party state receiving such aid for any loss or dam- 
age to, or expense incurred in the operation of any equipment, answering a request 
for aid, and for the cost incurred in connection with such requests. Any aiding 
party state may assume in whole or in part such loss, damage, expense, or other 
cost, or may loan equipment or donate such services to the receiving party state 
without charge or cost, and any two or more party states may enter into supple- 
mentary agreements establishing a different allocation of costs as among these 
states. The United States Government may relieve the state receiving aid from 
any liability and reimburse the state supplying civil defense forces for the com- 
pensation paid to and the transportation, subsistence and maintenance expenses 
of such forces during the time of the rendition of such aid or assistance outside 
the state and may also pay fair and reasonable compensation for the use or utiliza- 
tion of the supplies, materials, equipment or facilities so utilized or consumed. 
Article 9. Plans for the orderly evacuation and reception of the civilian popula- 
tion as the result of an emergency or disaster shall be worked out between repre- 
sentatives of the party states and the various local civil defense areas. Such plans 
shall include the manner of transporting evacuees, the number of evacuees to be 
received in different areas, the manner in which food, clothing, housing, and medi- 
cal care will be provided, the registration of the evacuees, the providing of facilities 
for the notification of relatives or friends and the forwarding of evacuees to other 
areas or the bringing in of additional materials, supplies, and all other relevant 
factors. The plans shall provide that the party state receiving evacuees shall be 
reimbursed generally for the out-of-pocket expenses incurred in receiving and car- 
ing for the evacuees, for expenditures for transportation, food, clothing, medicines 
and medical care and like items. The expenditures shall be reimbursed by the party 
state of which the evacuees are residents, or by the United States Government 
under plans approved by it. After the termination of the emergency or disaster 



191 Code of Laws of South Carolina, 1952 § 44-416 

the party state of which the evacuees are residents shall assume the responsibility 
for the ultimate support or repatriation of such evacuees. 

Article 10. The committee established pursuant to Article 1 of this compact may 
request the Civil Defense Agency of the United States Government to act as an 
informational and coordinating body under this compact, and representatives of the 
agency of the United States Government may attend meetings of the committee. 

Article 11. This compact shall become operative between the State of 

and the State of South Carolina immediately upon its being entered into by the 

duly authorized officials of such states, and shall be subject to approval by Congress 

unless prior Congressional approval has been given. Duly authenticated copies 

of this compact and of such supplementary agreements as may be entered into shall, 

at the time of their approval, be deposited with each of the party states and with 

the Civil Defense Agency and other appropriate agencies of the United States 

Government. 

Article 12. This compact shall continue in force and remain binding on each 

party state until the legislature or the Governor of the party state takes action to 

withdraw therefrom. Such action shall not be effective until thirty days after notice 

has been sent by the Governor of the party state desiring to withdraw to the 

Governor of the other party state. 

Article 13. The term "state" shall include any territory or possession of the United 

States, the District of Columbia, and any neighboring foreign country or province 

or state thereof. 

Article 14. This compact shall be construed to effectuate the purposes stated in 

Article 1. 

If any provision of this compact is declared unconstitutional, or the applicability 
to any person or circumstance is held invalid, the constitutionality of the remainder 
of this compact and the applicability to other persons and circumstances shall not 
be affected. 

For The State Of _ 



Date , 1952 

Attest : 



Secretary of State 
For The State Of 
South Carolina 



Date , 1952 

Attest : 



1952 (47) 1721. Secretary of State 



§ 44-660 1952 Supplement 192 

CHAPTER 9. 
Other Provisions for Benepit of Veterans. 

§ 44-660. Certified copies of certain public records furnished without cost. 

Officers in charge of public records relating to births, deaths, marriages or di- 
vorces shall furnish without cost certified copies of such records upon request 
therefor accompanied by reliable information that they are required (a) by the 
United States Government in connection with the administration of (i) the Serv- 
icemen's Allowance Act oj June 23 1942, (ii) the Selective Service Act of 1948, 
(iii) the Dependents Assistance Act of 1950 (PL No. 771, 81st Congress, ap- 
proved September 8, 1950) and (iv) all acts of Congress administered by the 
Veterans Administration, (b) to perfect a claim for benefits under laws ad- 
ministered under the Veterans Administration or (c) by a man entering the military 
service of the United States. 

1952 (47) 2146. 

Title 45. 

Mortgages and Other Liens. 

CHAPTER 5. 
Mechanics Liens. 

§ 45-254. Notice of owner when contractor employed. 

Cited. Hughes, et al v. Henning, 221 S. Soc. et al, 219 S. C. 62; 64 S. E. (2d) 17, 
C. 307; 70 S. E. (2d) 353, (1952). (1951). 

Applied. Andrews et al v. Home Reform 

§ 45-259. Lien dissolved unless statement be recorded. 

This section does not require that it be labor or materials be furnished under a con- 
shown that the labor and materials were tract with the same person. Hughes, et al 
furnished under one contract. The law does v Henning, 221 S. C. 307; 70 S. E. (2d) 
not make it a condition precedent that the 353, (1952). 

§ 45-273. Jury to try facts. 

Must grant jury trial if demanded by Court cannot change or modify jury ver- 

either or both parties. Stone and Clamp v. diet; however the verdict can be avoided by 

Holmes, et al, 217 S. C. 203; 60 S. E. (2d) setting it aside and granting new trial. Id. 
231, (1950). 

§ 45-274. Claims not payable allowed with rebate of interest. 

Under this section the court shall ascer- (1950). 

tain the correct amount due on the claim There is no conflict between this section 

of creditors, Stone and Clamp v. Holmes, and § 45-273. [d. 
et al, 217 S. C. 203; 60 S. E. (2d) 251. 

CHAPTER 7. 
Factor Liens on Merchandise. 
§ 45-401. Definitions. 

Applied. Meinhard Greeff & Co. v. Edens, 189 F. 2d 792 (1951). 

Title 46. 
Motor Vehicles. 

Chapter 3. The Uniform Act Regulating Traffic on the Highways, § 46-482.1. 
4. Operation of Motor Vehicles on Beaches, § 46-752. 
7. Motor Vehicle Safety Responsibility Act, § 46-901. 



193 Code of Laws of South Carolina, 1952 § 46-435 

CHAPTER 1. 
Motor Vehicle Registration and Licensing Act. 

Article 2. 
Registration and Licensing Generally. 

§ 46-21. Fraudulent applications and misrepresentation of facts. 

Cited. Durant v. Stuckey, 221 S. C. 342; 70 S. E. (2d) 473, (1952). 

CHAPTER 3. 

The Uniform Act Regulating Traffic on the Highways. 

Article 13. 
Stopping, Standing and Parking, § 46-482.1. 

Article 5. 

Reckless Homicide, Reckless Driving, Driving While Drunk. 

§ 46-341. Reckless homicide; penalties. 

This section did not repeal the common an automobile. State v. Barnett, 218 S. C. 
law offense of involuntary manslaughter 415; 62 S. E. (2d) 57. (1951). 
where death resulted from the operation of Degree of negligence required. Id. 

§ 46-345. Punishment. 

The wording of this section is identical eral Sessions Court. The State v. Mitchell, 
with similar portion of Act 163 of 1947; 220 S. C. 433; 68 S. E. (2d) 350. (1951). 
therefore, the legislature did not content- This section does not require that a de- 
plate that only offenses committed after fendant shall he convicted and sentenced 
June 7, 1949, the effective date of the 1949 as a second offender before he can be sen- 
act, should constitute offenses for the pur- fenced as a third offender. It merely re- 
pose of any prosecution for any subsequent quires thai there should be two previous 
offense. The State v. Patterson, 220 S. C. convictions. The State v. McAbee, 220 S. 
269: 66 S. E. (2d) 875, (1951). C. 272: 67 S. E. (2d) 417. (1951). 

The allegation of the indictment that the Applied. The State v. Ramey, 221 S. C. 

crime charged was a second offense is nee- 10; 69 S. E. (2d) 634, (1952). 
essary to show the jurisdiction of the Gen- 

Article 6. 
Speed Restrictions. 
§ 46-361. General rule. 

Stated. Dawson. Admr. v. S. C. Power Inc., 218 S. C. 554; 63 S. E. (2d) 465, 
Co.. 220 S. C. 26; 66 S. E. (2d) 322. (1951). (1951). 
Cited. Chapman v. Associated Transport, 

§ 46-362. Prima facie speed limits. 

Cited. Chapman v. Associated Transport, (1951). 
Inc. 218 S. C. 554; 63 S. E. (2d) 465, 

Article 7. 
Driving on Riglit, Passing, etc. 

§ 46-386. Limitations on overtaking on the left. 

Cited. Virginia Hotel Co. v. Dusenberry, 218 S. C. 524; 63 S. E. (2d) 4S3. (1951). 

§ 46-393. Following too closely. 

Chapman v. Associated Transport, Inc., 218 S. C. 554; 63 S. E. (2d) 465. (1951). 

Article 10. 

Pedestrians' Rights and Duties. 

§ 46-435. Crossing at other than crosswalks. 

Stated. Dawson, Admr. v. S. C. Power Co., 220 S. C. 26; 66 S. E. (2d) 322. (1951). 



§ 46-442 1952 Supplement 194 

§ 46-442. Drivers to exercise due care. 

Stated. Dawson, Admr. v. S. C. Power Co., 220 S. C. 26; 66 S. E. (2d) 322, (1951). 

Article 13. 
Stopping, Standing and Parking. 

§ 46-482.1. When vehicle or other personalty left on highway considered 
abandoned. 

Any vehicle or other personal property which is left on any right of way of any 
road or highway in this State for a period of over forty-eight hours is abandoned 
property. 

1952 (47) 1697. 

§ 46-482.2. Removal of such property. 

Every police officer having knowledge of such abandoned property shall seize 
the same and have it removed for safekeeping to such place as may be designated 
by the sheriff of the county in which it was found, who shall thereupon be charged 
with its custody and disposition as hereinafter provided. 

1952 (47) 1697. 

§ 46-482.3. Sheriff advertise possession and proposed sale. 

The sheriff having custody of such abandoned property shall forthwith : 

( 1 ) Post in three public places within the county a notice, setting forth the fact 
of his possession, a full description of such property, the place at which it was 
found, the place at which it is being held, the amount of any charges connected 
with his possession of it, and that unless said property shall be reclaimed within 
thirty days after the posting of such notice it will be advertised for 1 sale and sold 
as hereinafter provided. 

(2) Mail such notice by registered mail to the owner of such abandoned property 
and to the holders of any liens upon said property, if the names and addresses of 
such owner and lien holders can be ascertained by reasonable inquiry. 

1952 (47) 1697. 
§ 46-482.4. Advertisement of sale. 

If thirty days shall elapse after notice, by mail or posting, as required in § 46- 
482.3, is given and the property has not been reclaimed, the sheriff shall advertise 
such property for sale, for cash at public auction, giving such information as is 
required above for a posted notice along with the time, date and place of proposed 
sale. Such advertisement shall be published at least once a week for three succeeding 
weeks prior to the proposed sale in a newspaper published in the county where 
such property was abandoned. 

1952 (47) 1697. 

§ 46-482.5. Owner or lien holder may reclaim. 

Any owner or lien holder having an interest in such property may reclaim the 
same at any time before such public sale by presenting evidence of right to posses- 
sion satisfactory to the sheriff in possession, and tendering payment of all charges 
and fees incurred by the sheriff or his county in possession of such property. 

1952 (47) 1697. 

§ 46-482.6. Sale; disposition of receipts. 

If abandoned property is not reclaimed prior to the time of any advertised sale of 
it, the sheriff shall sell it and pay from the proceeds all costs and charges incurred 



195 Code of Laws of South Carouna, 1952 § 46-801 

in handling, in advertising the sale of, and in selling such property, and any balance 
remaining shall be paid to the county treasurer of his county for credit to the 
general fund of the county. 
1952 (47) 1697. 

§ 46-482.7. Liens on abandoned property for services. 

Any person authorized by a sheriff to tow, haul or store any abandoned property 
shall have a lien against such property for the reasonable value of such services 
which shall be prior to all other liens. 

1952 (47) 1697. 

§ 46-482.8. Claims for surplus sale receipts. 

For a period of not in excess of two years after the payment of any sum into 
the general fund of the county on account of the sale of any such abandoned prop- 
erty, the county governing board shall hear and determine claims of any persons 
claiming to be damaged by the sale of any such abandoned property and to make 
awards to owners or lien holders as their interests may appear, but in no event 
shall such award be in excess of the amount received by the county on account of 
the sale of the property which is the subject of any such claim. The decision of 
the county governing body in connection with any such claim shall be final. 

1952 (47) 1697. 

CHAPTER 4. 
Operation of Motor Vehicles on Beaches. 

§ 46-752. Operation of motor vehicles on Magnolia Beach in Georgetown 
County. 

It is unlawful for any person to operate a motor vehicle at any time on that por- 
tion of Magnolia Beach in Georgetown County between the inlet separating Mag- 
nolia Beach from Pawley's Island, and Murrell's Inlet on the north. Any violation 
of this section shall be deemed a misdemeanor and shall be punished by a fine of 
not more than one hundred dollars or by imprisonment of not more than thirty days. 

1952 (47) 1902. 

CHAPTER 5. 
Miscellaneous Provisions. 
§ 46-801. Liability for injury to guests in car. 

This section does not relieve a master or on Government vehicle, necessary to prove 

principal from the ordinary burden of lia- that accident was intentional on part of 

bility under the rule of respondeat superior. Government driver or caused by heedless 

Oswald v. YVeiner, et al, 218 S. C. 206; 62 or reckless disregard for the rights of oth- 

S. E. (2d) 311, (1950). ers. Alexander v. United States, 98 F. 

In suit under Federal Tort Claims Act Supp. 453 (1951). 
where plaintiff's intestate was a trespasser 

CHAPTER 7. 

Motor Vehicle Safety Responsibility Act. 

Article 1. Article 4. 

General Provisions, § 46-901. Proof of Financial Responsibility for the 
Article 2. Future, § 46-951. 

Administration, § 46-921. Article 5. 

Article 3. Violations; Penalties, § 46-1001. 

Security Following Accident, § 46-931. 



§ 46-901 1952 Supplement 196 

Article 1. 
General Provisions. 
§ 46-901. Short title. 

This chapter may be cited as the Motor Vehicle Safety Responsibility Act. 
1952 (47) 1853. 

§ 46-902. Definitions. 

The following words and phrases when used in this chapter shall, for the pur- 
poses of this chapter, have the meanings respectively ascribed to them in this sec- 
tion, except in those instances where the context clearly indicates a different 
meaning : 

(1) Department. The South Carolina State Highway Department, acting di- 
rectly or through its duly authorized officers and agents. 

(2) Judgment. Any judgment which shall have become final by expiration 
without appeal of the time within which an appeal might have been perfected, or 
by final affirmation on appeal, rendered by a court of competent jurisdiction of any 
state of the United States, upon a cause of action arising out of the ownership, 
maintenance, or use of any motor vehicle, for damages, including damages for care 
and loss of service, because of bodily injury to or death of any person, or for 
damages because of injury to or destruction of property, including the loss of use 
thereof, or upon a cause of action on an agreement of settlement for such damages. 

(3) License . Any license, temporary instruction permit, or temporary license 
issued under the laws of this State pertaining to the licensing of persons to operate 
vehicles. 

(4) Motor vehicle. Every self-propelled vehicle which is designed for use upon 
a highway, including trailers and semi-trailers designed for use with such vehicles 
(except traction engines, road rollers, farm tractors, tractor cranes, power shovels, 
and well drillers) and every vehicle which is propelled by electric power obtained 
from overhead wires but not operated upon rails. 

(5) Nonresident. Every person who is not a resident of this State. 

(6) Nonresident operating privilege. The privilege conferred upon a nonresi- 
dent by the laws of this State pertaining to the operation by him of a motor vehicle, 
or the use of a motor vehicle owned by him. in this State. 

(7) Operator. Every person who is in actual physical control of a motor vehicle 
whether or not licensed as an operator or chauffeur under the laws of this State. 

(8) Oivner. A person who holds the legal title of a motor vehicle, or in the 
event a motor vehicle is the subject of an agreement for the conditional sale or 
lease thereof with the right of purchase upon performance of the conditions stated 
in the agreement and with an immediate right of possession vested in the conditional 
vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, 
then the conditional vendee or lessee or mortgagor shall be considered the owner 
for the purposes of this chapter. 

(9) Prooj of financial responsibility. Proof of ability to respond in damages 
for liability, on account of accidents occurring after the effective date of said proof, 
arising out of the ownership, maintenance, or use of a motor vehicle, in the amount 
of five thousand dollars because of bodily injury to or death of one person in any 
one accident, and, subject to said limit for one person, in the amount of ten thou- 



197 Code of Laws of South Carolina, 1952 § 46-907 

sand dollars because of bodily injury to or death of two or more persons in any 
one accident, and in the amount of one thousand dollars because of injury to or 
destruction of property of others in any one accident. 

(10) Registration. Registration certificates, and registration or license plates 
issued under the laws of this State pertaining to the license and registration of 
motor vehicles. 

(11) State. Any state, territory, or possession of the United States, the District 
of Columbia, or any province of the Dominion of Canada. 

(12) Motor vehicle liability policy. An owner's or an operator's policy of 
liability insurance, certified as provided in § 46-964 or §§ 46-966 and 46-967 as proof 
of financial responsibility, and issued, except as otherwise provided in §§ 46-966 
and 46-967, by an insurance carrier duly authorized to transact business in this 
State, to or for the benefit of the person named therein as insured. 

1952 (47) 1853. 

§ 46-903. Sale of motor vehicle when registration suspended. 

This chapter shall not prevent the owner of a motor vehicle, the registration of 
which has been suspended hereunder, from effecting a bona fide sale of the motor 
vehicle to another person whose rights or privileges are not suspended under this 
chapter nor prevent the registration of the motor vehicle by the transferee. 

1952 (47) 1853. 

§ 46-904. Effect on conditional vendor, mortgagee or lessor of motor vehicle. 

This chapter shall not affect the rights of any conditional vendor, chattel mort- 
gagee, or lessor of a motor vehicle registered in the name of another as owner who 
becomes subject to the provisions of this chapter. 

1952 (47) 1853. 

§ 46-905. Chapter not to prevent other process. 

Nothing in this chapter shall be construed as preventing the plaintiff in any action 
at law from relying for relief upon the other processes provided by law. 
1952 (47) 1853. 

§ 46-906. Self-insurer. 

Any person in whose name more than twenty-five motor vehicles are registered 
may qualify as a self-insurer by obtaining a certificate of self-insurance issued by 
the Department as provided in next paragraph. 

The Department may, in its discretion, upon the application of such person, issue 
a certificate of self-insurance when it is satisfied that the person is possessed and 
will continue to be possessed of ability to pay judgments obtained against him. 

Upon not less than five days notice and a hearing pursuant to the notice, the 
Department may upon reasonable grounds cancel a certificate of self-insurance. 
Failure to pay any judgment within thirty days after the judgment shall have 
become final shall constitute a reasonable ground for the cancellation of a certificate 
of self-insurance. 

1952 (47) 1853. 

§ 46-907. Exceptions. 

This chapter shall not apply with respect to any motor vehicle owned by the 
United States, this State or any political subdivision of this State or any municipality 
therein; nor, except for §§ 46-931, 46-925 and 46-98S, shall it apply, with respect 



§ 46-907 1952 Supplement 198 

to any motor vehicle which is subject to other laws of this State which require 
their owners to carry insurance or to place security, in a manner which would 
make those owners carry insurance or place security in addition to the amounts 
required by this chapter. 

1952 (47) 1853. 
§ 46-90S. Chapter supplemental to motor vehicle laws. 

This chapter shall in no respect be considered as a repeal of the present motor 
vehicle laws of this State but shall be construed as supplemental and cumulative 
thereto. 

1952 (47) 1853. 

Article 2. 

Administration. 

§ 46-921. State Highway Department to administer; rules and regulations; 
hearings. 

The Department shall administer and enforce the provisions of this chapter and 
may make rules and regulations necessary- for its administration and shall provide 
for hearings upon request of persons aggrieved by orders or acts of the Department 
under the provisions of this chapter. 

1952 (47) 1853. 

§ 46-922. Appeal from act of Department. 

Any person aggrieved by an order or act of the Department under the provisions 
of this chapter, may within ten days after notice thereof, file a petition in the circuit 
court of the county of his residence for a trial de novo to determine whether the 
order or act is lawful and reasonable. The filing of the petition shall not suspend 
the order or act of the Department unless a stay thereof shall be allowed by the 
judge of the court pending final determination of the matter. The court shall 
summarily hear the petition and may make any appropriate order or decree. 

1952 (47) 1853. 

§ 46-923. Department to furnish operating record; not use as evidence. 

The Department shall upon request furnish any person a certified abstract of the 
operating record of any person subject to the provisions of this chapter, which 
abstract shall also fully designate the motor vehicles, if any, registered in the name 
of that person, and, if there shall be no record of any conviction of that person for 
violating any laws relating to the operation of a motor vehicle or of any injury or 
damage caused by that person, the Department shall so certify. These abstracts shall 
not be admissible as evidence in any action for damages or criminal proceedings 
arising out of a motor vehicle accident. 

1952 (47) 1853. 

§ 46-924. Surrender of license and registration. 

Any person whose license and registration has been suspended as herein provided, 
or whose policy of insurance or bond, when required under this chapter, has been 
canceled or terminated, or who has neglected to furnish other proof upon request 
of the Department, shall immediately return his license and registration to the 
Department. If any person shall fail to return to the Department the license or 
registration as provided herein, the Department is hereby authorized and empowered 
to secure possession thereof by a commissioned highway patrolman. 

1952 (47) 1853. 



199 Code of Laws of South Carolina, 1952 § 46-932 

§ 46-925. Operation of motor vehicles in employ of others. 

Whenever any person whose license would otherwise have been suspended for 
failure to deposit security required pursuant to article 3 of this chapter is, or later 
becomes, an operator in the employ of another owner, the Department may in its 
discretion, notwithstanding any provisions in this chapter to the contrary, allow 
such person to retain his license to operate a vehicle of another owner, in the 
pursuit of such employment, if the employer owner of the vehicle shall have fur- 
nished proof of financial responsibility covering the operation of any vehicle which 
said person may be permitted to operate. The Department shall designate the 
restrictions imposed pursuant to this section on that person's license. 

1952 (47) 1853. 

§ 46-926. Operation of employer's vehicle by employee, whose license is sub- 
ject to suspension. 

Whenever any person whose license would otherwise have been suspended for 
failure to satisfy a judgment as provided in § 46-953 is, or later becomes, an 
operator in the employ of another owner, the Department may in its discretion, 
notwithstanding any provisions in this chapter to the contrary, allow such person 
to retain his license to operate a vehicle of another owner, in the pursuit of such 
employment, if the employer owner of the vehicle shall have furnished proof of 
financial responsibility covering the operation of any vehicle which said person may 
be permitted to operate. The Department shall designate the restrictions imposed 
pursuant to this section on that person's license. 

1952 (47) 1853. 

Article 3. 

Security Following Accident. 

§ 46-931. Must report accidents. 

The driver of a vehicle involved in an accident resulting in injury to or death 
of any person or total property damage to an apparent extent of twenty-five dollars 
or more shall, within five days after such accident, forward a written report of such 
accident to the Department, as required by law. The reports shall contain informa- 
tion to enable the Department to determine whether the requirements for the deposit 
of security under § 46-932 are inapplicable by reason of the existence of insurance 
or other exceptions specified in this chapter. 

1952 (47) 1853. 

§ 46-932. Suspend license, registration or operating privilege following ac- 
cident unless security for damages provided. 

The Department upon receipt of a report of a motor vehicle accident within this 
State which has resulted in bodily injury or death, or damage to the property of 
any one person in excess of fifty dollars, shall, within sixty days thereafter, suspend 
the license of each operator or driver and all registrations of each owner of a motor 
vehicle in any manner involved in such accident and if such operator or driver is 
a nonresident, the privilege of operating a motor vehicle within this State and the 
privilege of the use within this State of any motor vehicle owned by him, unless 
such operator or driver or owner or both shall deposit security in a sum which 
shall be sufficient in the judgment of the Department to satisfy any judgments for 
damages resulting from the accident which may be recovered against the operator 



§ 46-932 1952 Supplement 200 

or owner. Notice of the suspension shall he sent by the Department to the operator 
and owner at least ten days before the effective date of the suspension and shall 
state the amount required as security. 
1952 (47) 1853. 

§ 46-933. Exceptions to requirement of security and suspension. 

(b) Section 46-932 shall not apply to any of the following: 

( 1 ) To the operator or owner if the owner had in effect at the time of the acci- 
dent an automobile liability policy with respect to the motor vehicle involved in 
the accident , 

(2) To the operator, if not the owner of the motor vehicle, if there was in effect 
at the time of the accident an automobile liability policy or bond with respect to 
his operation of motor vehicles not owned by him, 

(3) To the operator or owner if the liability of the operator or owner for dam- 
ages resulting from the accident is, in the judgment of the Department, covered by 
any other form of liability insurance policy or bond. 

(4) To any person qualifying as a self-insurer under § 46-906, 

(5) To the operator or owner of a motor vehicle involved in an accident wherein 
no injury or damage was caused to the person or property of any one other than 
the said owner or operator, 

(6) To the owner of a motor vehicle if at the time of the accident the vehicle 
was being operated without his permission, express or implied, or was parked by 
a person who had been operating the motor vehicle without his permission, express 
or implied, or 

(7) If, before the date that the Department would otherwise suspend license and 
registration or nonresident's operating privilege under § 46-932, there shall be 
filed with the Department evidence satisfactory to it that the person who would 
otherwise have to file security has been released from liability or had been finally 
adjudicated not to be liable or has executed a warrant for confession of judgment, 
payable when, and in such installments as the parties have agreed to, or has 
executed a duly acknowledged written agreement providing for the payment of an 
agreed amount in installments, with respect to all claims for injuries or damages 
resulting from the accident. 

1952 (47) 1853. 

§ 46-934. Duration of suspension, default in payment of installment. 

The license and registration and nonresident's operating privilege suspended as 
provided for in § 46-932 shall, except as otherwise provided for in § 46-925, remain 
suspended and shall not be renewed nor shall any license or registration he issued 
to him until : 

( 1 ) He shall deposit or there shall be deposited on his behalf the security required 
under § 46-932, 

(2) One year shall have elapsed following the date of the accident and evidence 
satisfactory to the Department has been filed with it that during that period no 
action for damages arising out of the accident has been instituted or 

(3) Evidence satisfactory to the Department has been filed with it of a release 
from liability, or a final adjudication of nonliability, or a warrant for confession 
of judgment, or a duly acknowledged written agreement, in accordance with sub- 
division 7 of § 46-933. 



201 Code of Laws op South Carolina, 1952 § 46-937 

In the event there shall be any default in the payment of any installment under 
any confession of judgment, then, upon notice of default, the Department shall 
suspend the license and registration or nonresident's operating privilege of the 
person defaulting which shall not be restored until the entire amount provided for 
in the confession of judgment has been paid. 

In the event there shall be any default in the payment of any installment under 
any duly acknowledged written agreement, then, upon notice of default, the De- 
partment shall suspend the license and registration or nonresident's operating priv- 
ilege of the person defaulting which shall not be restored unless and until (a) he 
deposits and thereafter maintains security as required under § 46-932 in the amount 
the Department may determine, or (b) one year shall have elapsed following the 
date when the security was required and during that period no action upon the 
agreement has been instituted in a court in this State. 

1952 (47) 1853. 

§ 46-935. Form and amount of security. 

The security required under this article shall be in the form and in the amount 
that the Department may require but in no case in excess of the limits specified in 
§ 46-938 in reference to the acceptable limits of a policy or bond. The person 
depositing security shall specify in writing the person on whose behalf the deposit 
is made and, at any time while the deposit is in the custody of the Department or 
State Treasurer, the person depositing it may, in writing, amend the specifications 
of the persons on whose behalf the deposit is made to include additional persons ; 
but a single deposit of security shall be applicable only on behalf of persons re- 
quired to furnish security because of the same accident. 

1952 (47) 1853. 

§ 46-936. Department may reduce excessive security. 

The Department may at any time reduce the amount of security ordered in any 
case if, in its judgment, the amount ordered is excessive. In case the security 
originally ordered has been deposited the excess deposited over the reduced amount 
ordered shall be returned to the depositor or his personal representative, notwith- 
standing the provisions of § 46-937. 

1952 (47) 1853. 

§ 46-937. Custody, disposition, and return of security. 

Security deposited in compliance with the requirements of this article shall be 
placed by the Department in the custody of the State Treasurer and shall be ap- 
plicable only to the payment of judgments rendered against the persons on whose 
behalf the deposit was made, for damages arising out of the accident in question 
in an action at law, begun not later than one year after the date of the accident, 
or within one year after the date of deposit of any security under subdivision 3 of 
§ 46-934, and this deposit or any balance thereof shall be returned to the depositor 
or his personal representative when evidence satisfactory to the Department has 
been filed with it that there has been a release from liability, or a final adjudication 
of nonliability, or a warrant for confession of judgment, or a duly acknowledged 
agreement, in accordance with subdivision 7 of § 46-933, or whenever, after the 
expiration of one year from the date of the accident, or within one year after the 
date of deposit of any security under subdivision 3 of § 46-934, the Department 



§ 46-937 1952 Supplement 202 

shall be given reasonable evidence that there is no action pending and no judgment 
rendered in the action left unpaid. 

19S2 (47) 1853. 

§ 46-938. Insurance policies and bonds acceptable as security. 

No policy or bond shall be effective under § 46-932 unless issued by an insurance 
company or surety company authorized to do business in this State, except that 
if the motor vehicle was not registered in this State, or was a motor vehicle which 
was registered elsewhere than in this State at the effective date of the policy or 
bond, or the most recent renewal thereof, the policy or bond shall not be effective 
under § 46-932 unless the insurance company or surety company if not authorized 
to do business in this State shall exercise a power of attorney authorizing the de- 
partment to accept service on its behalf of notice or process in any action upon the 
policy or bond arising out of the accident ; provided, hozvcver, every policy or bond 
must be subject, if the accident has resulted in bodily injury or death, to a limit, 
exclusive of interest and costs, or not less than five thousand dollars because of 
bodily injur}' to or death of one person in any one accident and, subject to this 
limit for one person, to a limit of not less than ten thousand dollars because of 
bodily injury to or death of two or more persons in any one accident, and, if the 
accident has resulted in injury to or destruction of property, to a limit of not less 
than one thousand dollars because of injury to or destruction of property of others 
in any one accident. 

1952 (47) 1853. 

§ 46-939. Application to unlicensed drivers and unregistered motor vehicles. 

In case the operator or the owner of a motor vehicle involved in an accident 
within this State has no license or registration, he shall not be allowed a license 
or registration until he has complied with the requirements of this article to the 
same extent that would be necessary if, at the time of the accident, he had held a 
license and registration. 

1952 (47) 1853. 

§ 46-940. Notice give on suspension of nonresident's operating privilege. 

When a nonresident's operating privilege is suspended pursuant to § 46-932 or 

§ 46-934, the Department shall transmit a certified copy of the record of such 

action to the official in charge of the issuance of licenses and registration certificates 

in the State in which such nonresident resides. 

1952 (47) 1853. 

Article 4. 

Proof of Financial Responsibility for the Future. 

§ 46-951. Courts to report nonpayment of judgments and convictions. 

Whenever any person fails within sixty day to satisfy any judgment, the clerk 
of court, or the judge of a court which has no clerk, in which any judgment is 
rendered within this State shall forward to the Department immediately after the 
expiration of sixty days, a certified copy of the judgment. 

If the defendant named in any certified copy of a judgment reported to the 
Department is a nonresident, the Department shall transmit a certified copy of the 
judgment to the official in charge of the issuance of licenses and registration cer- 
tificates of the State of which the defendant is a resident. 

1952 (47) 1853. 



203 Code of Laws of South Carolina, 1952 § 46-956 

§ 46-952. Suspension for nonpayment of judgment. 

The Department upon receipt of a certified copy of judgment, shall suspend 
the license and registration and any nonresident's operating privilege of any person 
against whom the judgment was rendered, except as otherwise provided in §§ 46- 
926, 46-955 and 46-956 and in § 46-958. 

1952 (47) 1853. 

§ 46-953. Time suspension to continue. 

The license, registration, and nonresident's operating privilege shall, except as 
otherwise provided in § 46-926, remain suspended and shall not be renewed, nor 
shall any license or registration be thereafter issued in the name of that person, 
including that person if not previously licensed, until every judgment is satisfied 
in full or to the extent hereinafter provided, and until the person gives proof of 
financial responsibility subject to the exemptions stated in §§ 46-926, 46-955, 46- 
956 and 46-958. 

1952 (47) 1853. 

§ 46-954. Effect of discharge in bankruptcy on judgment debtor. 

A discharge in bankruptcy following the rendering of any judgment shall not 
relieve the judgment debtor from any of the requirements of this article. 
1952 (47) 1853. 

§ 46-955. May license judgment debtor on consent of judgment creditor. 

If the judgment creditor consents in writing, in the form which the Department 
may prescribe, that the judgment debtor be allowed license and registration or non- 
resident's operating privilege, this may be allowed by the Department for six months 
£rom the date of the consent and thereafter until the consent is revoked in writing, 
notwithstanding default in the payment of the judgment, or any installment thereof 
prescribed in § 46-958, provided the judgment debtor furnishes proof of financial 
responsibility. 

1952 (47) 1853. 

§ 46-956. Adequate insurance relief from suspension. 

Any person whose license, registration, or nonresident's operating privilege has 
been suspended or is about to be suspended or shall become subject to suspension 
under the provisions of this article may be relieved from the effect of the judgment 
as prescribed in this article by filing with the Department an affidavit stating that 
at the time of the accident upon which the judgment "lias been rendered the affiant 
was insured, that the insurer is liable to pay the judgment, and the reason if known, 
why the insurance company has not paid the judgment. He shall also file the original 
policy of insurance or a certified copy thereof, if available, and other documents 
which the Department may require to show that the loss, injury, or damage for 
which the judgment was rendered, was covered by the policy of insurance. If the 
Department is satisfied from these papers that the insurer was authorized to issue 
the policy of insurance at the time and place of issuing the policy and that the in- 
surer is liable to pay the judgment, at least to the extent and for the amounts re- 
quired in this chapter, the Department shall not suspend the license or registration 
or nonresident's operating privilege, or if already suspended shall reinstate them. 

1952 (47) 1853. 



§ 46-957 1952 Supplement 204 

§ 46-957. Payment sufficient to satisfy judgment. 

Judgments herein referred to shall for the purpose of this chapter only be con- 
sidered satisfied : 

(1) When five thousand dollars has been credited upon any judgment rendered 
in excess of that amount because of bodily injury to or death of one person as 
the result of any one accident ; or 

(2) When, subject to the limit of five thousand dollars because of bodily injury 
to or death of one person, the sum of ten thousand dollars has been credited upon 
any judgments rendered in excess of that amount because of bodily injury to or 
death of two or more persons as the result of any one accident ; or 

(3) When one thousand dollars has been credited upon any judgments rendered 
in excess of that amount because of injury to or destruction of property of others 
as a result of any one accident. 

Payments made in settlement of any claims because of bodily injury, death, or 
property damage arising from a motor vehicle accident shall be credited in reduc- 
tion of the amounts provided for in this section. 

1952 (47) 1853. 

§ 46-958. Installment payment of judgments ; default. 

A judgment debtor upon due notice of the judgment creditor may apply to the 
court in which the judgment was rendered for the privilege of paying the judg- 
ment in installments and the court, in its discretion and without prejudice to any 
other legal remedies which the judgment creditor may have, may order and fix 
the amounts and times of payment of the installments. 

The Department shall not suspend a license, registration, or nonresident's ope- 
rating privilege, and shall restore any license, registration, or nonresident's operat- 
ing privilege suspended following nonpayment of a judgment, when the judgment 
debtor gives proof of financial responsibility and obtains an order permitting the 
payment of the judgment in installments, and while the payment of any said in- 
stallment is not in default. 

In the event the judgment debtor fails to pay any installment as specified by the 
order, then upon notice of the default, the Department shall suspend the license, 
registration, or nonresident's operating privilege of the judgment debtor until the 
judgment is satisfied, as provided in this chapter. 

1952 (47) 1853. 

§ 46-959. Proof required for registration when license revoked. 

Whenever the Department, under any law of this State, suspends or revokes 
the license of any person upon receiving record of conviction or a forfeiture of 
bail, the Department shall also suspend the registration for all motor vehicles regis- 
tered in the name of that person, execpt that it shall not suspend the registration, 
unless otherwise required by law, if that person has previously given or shall im- 
mediately give and thereafter maintain proof of financial responsibility with respect 
to all motor vehicles registered by him. 

1952 (47) 1S53. 

§ 46-960. Proof required to renew suspended license or registration. 

The license and registration shall remain suspended or revoked and shall not 
at anv time thereafter be renewed nor shall anv license be thereafter issued to 



205 Code of Laws of South Carolina, 1952 § 46-965 

that person, nor shall any motor vehicle be thereafter registered in the name of 
that person until permitted under the motor vehicle laws of this State and not 
then until he shall give and thereafter maintain proof of financial responsibility. 
1952 (47) 1853. 

§ 46-961. Proof required for license or registration after certain convictions 
or forfeitures of bail. 

If a person is not licensed, but by final order or judgment is convicted of, or 
forfeits any bail or collateral deposited to secure an appearance for trial for any 
offense requiring the suspension or revocation of license, or for operating a motor 
vehicle upon the highways without being licensed to do so, or for operating an 
unregistered motor vehicle upon the highways, no license shall be thereafter issued 
to that person and no motor vehicle shall continue to be registered or thereafter 
be registered in his name until he shall give and thereafter maintain proof of financial 
responsibility. 

1952 (47) 1853. 

§ 46-962. Proof required of nonresident when operating privilege suspended. 

Whenever the Department suspends or revokes a nonresident's operating privi- 
lege by reason of a conviction or forfeiture of bail, this privilege shall remain sus- 
pended or revoked unless that person shall have previously given or shall im- 
mediately give and thereafter maintain proof of financial responsibility. 

1952 (47) 1853. 

§ 46-963. Alternate methods of giving proof. 

Proof of financial responsibility when required under this chapter may be given 
by filing: 

(1) A certificate of insurance as provided in § 46-964 or, §§ 46-966 and 46-967, 

(2) A bond as provided in §§ 46-981 to 46-984, or 

(3) A certificate of deposit of money or securities as provided in §§ 46-985 
and 46-986. 

1952 (47) 1853. 

§ 46-964. Certificate of insurance as proof; registration of motor vehicle in 
name of person required to file proof. 

Proof of financial responsibility may be furnished by filing with the Department 
the written certificate of any insurance carrier duly authorized to do business in 
this State certifying that there is in effect a motor vehicle liability policy for the 
benefit of the person required to furnish proof of financial responsibility. The cer- 
tificate shall give the date of the motor vehicle liability policy, which date shall 
be the same as the effective date of the certificate, and shall designate by explicit 
description or by appropriate reference all motor vehicles covered thereby, unless 
the policy is issued to a person who is not the owner of a motor vehicle. 

No motor vehicle shall be or continue to be registered in the name of any person 
required to file proof of financial responsibility unless the motor vehicle is so desig- 
nated in the certificate. 

1952 (47) 1853. 

§ 46-965. Assigned risk plans of insurance; appeals. 

After consultation with insurance companies authorized to issue automobile lia- 
bility policies in this State, the insurance commissioner shall approve a reasonable 



§ 46-965 1952 Supplement 206 

plan or plans for the equitable apportionment among such companies of applicants 
for such policies and for motor vehicle liability policies who are in good faith 
entitled to but are unable to procure such policies through ordinary methods. When 
any such plan has been approved, all such insurance companies shall subscribe 
thereto and participate therein. Any applicant for any such policy, any person in- 
sured under any such plan, and any insurance company affected, may appeal to 
the insurance commissioner from any ruling or decision of the manager or com- 
mittee designated to operate such plan. Any person aggrieved hereunder by any 
order or act of the insurance commissioner may, within ten days after notice 
thereof, file a petition in the court of common pleas of the county of Richland for 
a review thereof. The court shall summarily hear the petition and may make any 
appropriate order or decree. 
1952 (47) 1853. 

§ 46-966. Certificate furnished by nonresident as proof. 

The nonresident owner of a motor vehicle not registered in this State may give 
proof of financial responsibility by filing with the Department written certificates 
of an insurance carrier authorized to transact business in the State in which the 
motor vehicle or motor vehicles described in the certificate are registered, or if the 
nonresident does not own a motor vehicle, then in the State in which the insured 
resides, if the certificate otherwise conforms with the provisions of this chapter, and 
the Department shall accept it upon condition that the insurance carrier complies 
with the following provisions with respect to the policies certified : 

( 1 ) The insurance carrier shall execute a power of attorney authorizing the 
Department to accept service on its behalf of notice or process in any action arising 
out of a motor vehicle accident in this State; 

(2) The insurance c'arrier shall agree in writing that the policies shall be con- 
strued to conform with the laws of this State relating to the terms of motor vehicle 
liability policies issued herein. 

1952 (47) 1853. 

§ 46-967. Default by unauthorized insurance carrier. 

If any insurance carrier not authorized to transact business in this State, which 
has qualified to furnish proof of financial responsibility, defaults in any of these 
undertakings or agreements, the Department shall not thereafter accept as proof 
any certificate of that carrier whether formerly filed or thereafter tendered as 
proof, so long as the default continues. 

1952 (47) 1853. 

§ 46-968. Required provisions of owner's policy of liability insurance. 

An owner's policy of liability insurance shall : 

( 1 ) Designate by explicit description or by appropriate reference all motor 
vehicles with respect to which coverage is thereby to be granted ; and 

(2) Insure the person named therein and any other person, as insured, using 
any of those motor vehicles with the express or implied permission of the named 
insured, against loss from the liability imposed by law for damages arising out of 
the ownership, maintenance or use of such motor vehicles within the United States 
of America or the Dominion of Canada, subject to limits exclusive of interest and 
costs, with respect to each motor vehicle, as follows : five thousand dollars because 



207 Code of Laws of South Carolina, 1952 § 46-972 

of bodily injury to or death of one person in any one accident, and, subject to such 
limit for one person, ten thousand dollars because of bodily injury to or death 
of two or more persons in any one accident, and one thousand dollars because of 
injury to or destruction of property of others in any one accident. 
1952 (47) 1853. 

§ 46-969. Coverage of operator's policy of liability insurance. 

An operator's policy of liability insurance shall insure the person named as 
insured therein against loss from the liability imposed upon him by law for dam- 
ages arising out of the use by him of any motor vehicle owned by him, within 
the same territorial limits, and subject to the same limits of liability, set forth in 
§ 46-968 with respect to an owner's policy of liability insurance. 

1952 (47) 1S53. 

§ 46-970. Required provisions of motor vehicle liability policy. 

The motor vehicle liability policy shall state the name and address of the named 
insured, the coverage afforded by the policy, the premium charged therefor, the 
policy period, and the limits of liability, and shall contain an agreement or be 
endorsed that insurance is provided thereunder in accordance with the coverage 
defined in this chapter as respects bodily injury and death or property damage, of 
both, and is subject to all of the provisions of this chapter. 

1952 (47) 1853. 

§ 46-971. Liability such policies need not cover. 

The motor vehicle liability policy need not insure any liability under the work- 
men's compensation law nor any liability on account of bodily injury to or death 
of an employee of the insured while engaged in the employment, other than 
domestic, of the insured, or while engaged in the operation, maintenance, or repair 
of the motor vehicle nor any liability for damage to property owned by, rented 
to, in charge of, or transported by the insured. 

1952 (47) 1853. 

§ 46-972. Provisions incorporated into such policies. 

Every motor vehicle liability policy shall be subject to the following provisions 
which need not be contained therein : 

(1) The liability of the insurance carrier with respect to the insurance re- 
quired by this chapter shall become absolute whenever injury or damage covered 
by the motor vehicle liability policy occurs. 

(2) The policy may not be cancelled or annulled as to the liability by any agree- 
ment between the insurance carrier and the insured after the occurrence of the 
injury or damage. 

(3) No statement made by the insured or on his behalf and no violation of the 
policy shall defeat or void the policy. 

(4) The satisfaction by the insured of a judgment for the injury or damage 
shall not be a condition precedent to the right or duty of the insurance carrier to 
make payment on account of the injury or damage. 

(5) The insurance carrier may settle any claim covered by the policy, and if the 
settlement is made in good faith, the amount thereof shall be deductible from the 
limits of liability specified in subdivision 2 of § 46-968. 



§ 46-972 1952 Supplement 208 

(6) The policy, the written application therefor, if any, and any rider or 
endorsement which does not conflict with the provisions of this chapter shall con- 
stitute the entire contract between the parties. 

1952 (47) 1853. 

§ 46-973. Excess coverage in such policies. 

Any policy which grants the coverage required for a motor vehicle liability policy 
may also grant any lawful coverage in excess of or in addition to the coverage 
specified for a motor vehicle liability policy and the excess or additional coverage 
shall not be subject to the provisions of this chapter. With respect to a policy 
which grants this excess or additional coverage the term "motor-vehicle liability 
policy" shall apply only to that part of the coverage which is required by §§ 46-968 
to 46-977. 

1952 (47) 1853. 

§ 46-974. Reimbursement of carrier by insured for excess liability required 
under this chapter. 

Any motor vehicle liability policy may provide that the insured shall reimburse 
the insurance carrier for any payment the insurance carrier would not have been 
obligated to make under the terms of the policy except for the provisions of this 
chapter. 

1952 (47) 1853. 

§ 46-975. Pro-rate insurance. 

Any motor vehicle liability policy may provide for the pro-rating of the insurance 
thereunder with other valid and collectible insurance. 
1952 (47) 1853. 

§ 46-976. Several carriers may write. 

The requirements for a motor vehicle liability policy may be fulfilled by the 
policies of one or more insurance carriers which policies together meet such require- 
ments. 

1952 (47) 1853. 

§ 46-977. Binder. 

Any binder issued pending the issuance of a motor vehicle liability policy shall 
be considered as fulfilling the requirements for such policy. 
1952 (47) 1853. 

§ 46-978. Notice of cancelation or termination of certified policy. 

When an insurance carrier has certified a motor vehicle liability policy under 
§ 46-964 or §§ 46-966 and 46-967, the insurance so certified shall not be canceled 
or terminated until at least ten days after a notice of cancelation or termination 
of the insurance certified shall be filed with the Department, except that a policy 
subsequently procured and certified shall, on the effective date of its certification, 
terminate the insurance previously certified with respect to any motor vehicle 
designated in both certificates. 

1952 (47) 1853. 

§ 46-979. Policies otherwise required by law. 

This chapter shall not be held to apply to or affect policies of automobile in- 
surance against liability which may be required by any other law of this State, 
and those policies, if they contain an agreement or are endorsed to conform with 



209 Code of Laws of South Carolina, 1952 § 46-983 

the requirements of this chapter, may be certified as proof of financial responsibility 
under this chapter. 

1952 (47) 1853. 

§ 46-980. Policies covering employees using nonemployer motor vehicles ex- 
empt. 

This chapter shall not be held to apply to or affect policies insuring solely the 
insured named in the policy against liability resulting from the maintenance or 
use by persons in the insured's employ or on his behalf of motor vehicles not 
owned by the insured. 

1952 (47) 1853. 

§ 46-981. Bond as proof. 

Proof of financial responsibility may be evidenced by the bond of a surety com- 
pany duly authorized to transact business within this State, or a bond with at least 
two individual sureties each owning real estate within this State and together having 
equities equal in value to at least twice the amount of the bond, which real estate 
shall be scheduled in the bond approved by a judge of a court of record, which 
bond shall be conditioned for payment of the amounts specified in § 46-902 (10). 
Any surety scheduling real estate security shall furnish satisfactory evidence of 
title and the nature and extent of all encumbrances thereon and the value of the 
surety's interest therein in the manner which the judge of the court of record may 
require. 

1952 (47) 1853. 

§ 46-982. Cancellation. 

The bond shall be filed with the Department and shall not be cancelable except 
after ten days written notice to the Department. 
1952 (47) 1853. 

§ 46-983. Lien on scheduled real estate of sureties. 

The bond shall constitute a lien in favor of the State upon the real estate 
scheduled of any surety, which lien shall exist in favor of any holder of a final 
judgment against the person who has filed the bond, for damages, including dam- 
ages for care and loss of services, because of bodily injury to or death of any person 
or for damage because of injury to or destruction of property, including the loss 
of use thereof, resulting from the ownership, maintenance, use, or operation of a 
motor vehicle after the bond was filed, upon the filing of notice to that effect by the 
Department in the office of the clerk of court of the county where the real estate 
shall be located. The notice filed by the Department shall, in addition to other 
matters which are considered to be pertinent by the Department, contain a legal 
description of the real estate scheduled, the name of the holder of the record title, 
the amount for which it stands as security, and the name of the person in whose 
behalf proof is being made. Upon the filing of the notice, the clerk of court shall 
retain it as part of the records of the court and shall enter upon the record the 
date and hour of filing, the name of the surety, the name of the title holder of 
record, the description of the real estate, and a notation that a lien is charged on 
the real estate pursuant to the notice filed hereunder. 

1952 (47) 1853. 



§ 46-984 1952 Supplement 210 

§ 46-984. Action on judgment entered against principal on bond. 

If a judgment, rendered against the principal on the bond, shall not be satisfied 
within sixty days after it has become final, the judgment creditor may, for his own 
use and benefit and at his sole expense, bring an action or actions in the name 
of the State against the company or persons executing the bond, including an action 
or proceeding to foreclose any lien that may exist upon the real estate of a person 
who executed the bond. An action to foreclose any lien upon real estate scheduled 
by any surety under the provisions of this chapter shall be brought in the same 
manner as is provided for the foreclosure of real estate mortgages in this State. 

1952 (47) 1853. 

§ 46-985. Money or securities as proof. 

Proof of financial responsibility may be evidenced by the certificate of the State 
Treasurer that the person named therein has deposited with him eleven thousand 
dollars in cash, or securities such as may legally be purchased by savings banks 
or for trust funds of a market value of eleven thousand dollars. The State Treasurer 
shall not accept the deposit and issue a certificate therefor and the Department shall 
not accept the certificate unless accompanied by evidence that there are no un- 
satisfied judgments of any character against the depositor in the county where the 
depositor resides. 

1952 (47) 1853. 

§ 46-986. Custody. 

The deposit shall be held by the State Treasurer to satisfy, in accordance with 
the provisions of this chapter, any execution on a judgment issued against the 
person making the deposit, for damages, including damage for care and loss of 
service, because of bodily injury to or death of any person, or for damages because 
of injury to or destruction of property, including the loss of use thereof, resulting 
from the ownership, maintenance, use, or operation of a motor vehicle after the 
deposit was made. 

1952 (47) 1853. 

§ 46-987. Attachment. 

Money or securities deposited shall not be subject to attachment or execution 
unless the attachment or execution shall arise out of a suit for damages which this 
chapter covers. 

1952 (47) 1853. 

§ 46-988. Owner may give proof for others. 

Whenever any person required to give proof of financial responsibility hereunder 
is, or later becomes, an operator in the employ of any owner, or is, or later becomes, 
a member of the immediate family or household of the owner, the Department 
shall accept proof given by the owner in lieu of proof by the other person to permit 
that person to operate a motor vehicle for which the owner has given proof as 
herein provided. The Department shall designate the restrictions imposed by this 
section on that person's license. 

1952 (47) 1853. 

§ 46-989. Substitution of proof. 

The Department shall consent to the cancellation of any bond or certificate of 
insurance or the Department shall direct and the State Treasurer shall return the 



211 Code of Laws of South Carolina, 1952 § 46-992 

money or securities to the person entitled thereto upon the substitution and ac- 
ceptance of other adequate proof of financial responsibility pursuant to this chapter. 
1952 (47) 1853. 

§ 46-990. Other proof may be required. 

Whenever any proof of financial responsibility filed under the provisions of this 
chapter no longer fulfills the purposes for which required, the Department shall 
require other proof as required by this chapter and shall suspend the license and 
registration or the nonresident's operating privilege pending the filing of other 
proof. 

1952 (47) 1853. 

§ 46-991. Duration of proof ; cancellation or return of proof. 

The Department shall upon request consent to the immediate cancellation of any 
bond or certificate of insurance, or shall return to the person entitled thereto any 
money or securities deposited pursuant to this chapter as proof of financial re- 
sponsibility, or the Department shall waive the requirement of filing proof, in any 
of the following events : 

(1) At any time after three years from the date the proof was required when, 
during the three year period preceding the request, the Department has not received 
record of a conviction or a forfeiture of bail which would require or permit the 
suspension or revocation of the license, registration, or nonresident's operating 
privilege of the person by or for whom the proof was furnished, 

(2) In the event of the death of the person on whose behalf the proof was filed 
or the permanent incapacity of the person to operate a motor vehicle, or 

(3) In the event the person who has given proof surrenders his license and 
registration to the Department. 

The Department shall not consent to the cancellation of any bond or the return 
of any money or securities in the event any action for damages upon a liability 
covered by the proof is then pending or any judgment upon this liability is then 
unsatisfied, or in the event the person who has filed the bond or deposited the money 
or securities has, within one year immediately preceding the request, been involved 
as an operator or owner in any motor vehicle accident resulting in injury or damage 
to the person or property of others. An affidavit of the applicant as to the non- 
existence of these facts, or that he has been released from all of his liability, or 
has been finally adjudicated not to be liable, for the injury or damage, shall be 
sufficient evidence thereof in the absence of evidence to die contrary in the rcords 
of the Department. 

1952 (47) 1853. 

§ 46-992. When re-establishment of proof required. 

Whenever any person whose proof has been cancelled, or returned under sub- 
division 3 of § 46-991 applies for a license or registration within a period of three 
years from the date proof was originally required, this application shall be refused 
unless the applicant shall re-establish the proof for the remainder of the three year 
period. 

1952 (47) 1853. 



§ 46-1001 1952 Supplement 212 

Article 5. 
Violations ; Penalties. 

§ 46-1001. Operation of motor vehicle by owner or with his permission during 
suspension of license registration or operating privilege. 

Any person whose license or registration or nonresident's operating privilege has 
been suspended or revoked under this chapter and who, during such suspension 
or revocation drives any motor vehicle upon any highway or knowingly permits 
any motor vehicle owned by him to be operated by another upon any highway, 
except as permitted under this chapter, shall be fined one hundred dollars or 
imprisoned thirty days. 

1952 (47) 1853. 

§ 46-1002. Forgery; filing of unauthorized proof. 

Any person who shall forge or, without authority, sign any notice provided for 
under §§ 46-932, 46-933 and 46-93S that a policy or bond is in effect, or any 
evidence of proof of financial responsibility, or who files or offers for filing any 
such notice or evidence of proof knowing or having reason to believe that it is 
forged or signed without authority, shall be fined not more than one thousand 
dollars or imprisoned not more than one year, or both. 

1952 (47) 1853. 

§ 46-1003. General penalties. 

Any person who shall violate any provision of this chapter, for which no penalty 
is otherwise provided, shall be fined not more than one hundred dollars or im- 
prisoned for not more than thirty days. 

1952 (47) 1853. 

§ 46-1004. Penalties failure return license or registration. 

Any person willfully failing to return license or registration as required in § 46- 
924, shall be fined one hundred dollars or imprisoned thirty days. 
1952 (47) 1853. 

Title 47. 
Municipal Corporations. 

Chapter 1. General Provisions, § 47-52.1. 

2. Towns of Less Than One Thousand Inhabitants, § 47-112. 

3. Cities and Towns of Over One Thousand Inhabitants, § 47-244. 

4. Towns Between One Thousand and Five Thousand Inhabitants, 
§ 47-313.1. 

5. Cities of Over Five Thousand Inhabitants, § 47-372.1. 

6. Commission Form of Government, § 47-631. 
8. Financial Matters Generally, § 47-808. 

11. Streets and Sidewalks Generally, § 47-1302. 
13. Miscellaneous Local Provisions, § 47-1601. 



213 Code of Laws of South Carolina, 1952 § 47-107 

CHAPTER 1. 
General Provisions. 
Article 4. 
Election of Mayors and Councils, § 47-52.1. 

Article 2. 

Extension or Reduction of Corporate Limits 

§ 47-11. Power to extend. 

Stated. Teal v. Town of Chesterfield, et lumbia, et al, 220 S. C. 59; 66 S. E. (2d) 
al, 220 S. C. 1; 66 S. E. (2d) 318. 427, (1951). 

Cited. Hite, et al v. Town of West Co- 

§ 47-22. Time within which contest on extension of municipal limits must be 
instituted. 

This section is not confined or restricted includes the entire annexation procedure, 
to the actual election, that is, the casting Hite, et al v. Town of West Columbia, et 
and counting of ballots; but refers to and al, 220 S. C. 59; 66 S. E. (2d) 427, (1951). 

§ 47-23. How corporate limits reduced. 

Stated. Teal v. Town of Chesterfield, et al, 220 S. C. 1 ; 66 S. E. (2d) 318. 

Article 4. 
Election of Mayors and Councils. 

§ 47-52.1. Same; cities or towns of 10,000 and less. 

City or town councils of cities and towns having a population of not more than 
ten thousand inhabitants according to the last United States Census, and which 
are divided into wards, may require by ordinance duly adopted that all aldermen 
of the city or town be elected from the qualified electors of the city or town at 
large without regard to ward lines by the qualified voters of the city or town 
without regard to ward lines. 

1952 (47) 1941. 

§ 47-53. Same; special provision for Anderson. 

The city council of the city of Anderson may enact ordinances providing that 
the aldermen of said city, from their respective wards, shall be elected at large 
by a direct vote of the qualified electors of said city. Upon the enactment of such 
an ordinance such aldermen from their respective wards shall be elected at large 
by a direct vote of the qualified electors of the city. But upon the enactment of 
such an ordinance, the then present aldermen shall continue in office for the re- 
mainder of their terms. 

1952 (47) 1941. 

CHAPTER 2. 

Towns of Less Than One Thousand Inhabitants. 

Article 2. Article 5. 

Intendant and Wardens; Town Council, Taxes and Licenses, § 47-171. 

§ 47-112. 

Article 1. 

Incorporation and Surrender of Charter. 
§ 47-107. Same; exception for islands. 

This section is not a special law but gen- stitution. Wagener, et al v. Smith, et al, 
eral in its application to all islands, and is 221 S. C. 438; 71 S. E. (2d) 1, (1952). 
not in violation of Art. 8, § 1, of the Con- 



§ 47-112 1952 Supplement 214 

Article 2. 
Intendent and Wardens; Town Council. 

§ 47-112. Same ; two year term in certain towns. 

Notwithstanding the provisions of § 47-111, in the towns of Aynor, Bethune, 
Bonneau, Bluffton, Campobello, Chapin, Clio, Cross Hill, Duncan, Ellcnton, Gray 
Court, Hardecville, Heath Springs, Lovorys, Lynchburg, McClellanville, Nichols, 
Nortlij North Mullins, Ocean Drive Beach, Olar, Pamplico, Pelion, Port Royal, 
Ridge Spring, Ridgeville, Sellers, Silverstreet, West Union in Oconee County and 
Yemassee, the intendant or mayor and wardens, alderman or councilmen shall be 
elected every two years and their terms of office shall be for two years and until 
their successors shall have been elected and qualified. 

1952 Code §§ 47-112, 47-114; 1952 (47) 1941, 2152. 

§ 47-114. Same; Campobello and Duncan. 

In the towns of Campobello and Duncan in Spartanburg County the town officers 
shall consist of a mayor and four aldermen. They shall be elected during each even 
numbered year. 

1952 (47) 1941. 

Former § 47-114 put into § 47-112. 

Article 5. 
^ Taxes and Licenses. 

§ 47-171. Same ; twenty mills in certain towns. 

The towns of Blenheim, Pacolet, Ridge Spring and Scranton may levy and 
collect a tax for ordinary purposes not to exceed twenty mills. 
1952 (47) 1716. 

§ 47-172.1. Same ; thirty mills in Ocean Drive Beach. 

The town council of Ocean Drive Beach may, by ordinance, levy an annual tax 
not in excess of thirty mills on all taxable property within the corporate limits of 
the town. 

1952 (47) 1716. 

§ 47-172.2. Same ; thirty-five mills in Ridgeway. 

The town of Ridgezvax may levy and collect a tax for ordinary purposes not 
to exceed thirty-five mills. 
1952 (47) 2028. 

CHAPTER 3. 

Cities and Towns op Over One Thousand Inhabitants Generally. 

Article 4. 
Property Taxes. 

§ 47-244. Same ; three per cent tax in certain towns. 

The town councils of the towns of Chcsncc, Calhoun Falls, Cayce, Central, Clem- 
son, Cowpens, Summcrville, Kingstree, Williamston and Winnsboro may levy as 
herein provided an annual tax not exceeding three per cent of the assessed value 
of all taxable property lying within the corporate limits of said respective towns. 

1952 (47) 1882, 2038, 2160. 



215 Code of Laws of South Carolina, 1952 § 47-323.2 

§ 47-248.1. Same ; four and two-tenths per cent in Bishopville. 

The town council of the town of Bishopville may levy as provided herein an 
annual tax for ordinary town purposes not exceeding four and two-tenths per cent 
of the assessed value of all taxable property within the corporate limits of said town. 

1952 (47) 2160. 

§ 47-250. Same; four and eight-tenths per cent tax in Barnwell and St. 
George. 

The town councils of Barnwell and St. George may levy as herein provided an 
annual tax not exceeding forty-eight mills upon the assessed value of all taxable 
property within the corporate limits of said respective towns. 

1952 (47) 1882. 

CHAPTER 4. 

Towns Between One Thousand and Five Thousand Inhabitants. 

Article 2. 
Officers. 
§ 47-313.1. Same; Chesnee. 

The town of Chesne in Spartanburg County shall be governed by a mayor and 
four aldermen, and they shall compose the town council of the town. 
1952 (47) 2036. 

§ 47-317.1. Same ; Forest Acres. 

There shall be an election in the town of Forest Acres in Richland County on the 
second Tuesday in June in every odd-numbered year to elect a mayor of the town 
and four councilmen. Each shall serve for a period of two years or until his suc- 
cessor shall have been elected and qualified. 

1952 (47) 2023. 

§ 47-317.2. Same; Inman. 

The town of Inman shall have a mayor and four aldermen who shall be elected 
by the qualified electors of the town. The mayor shall be elected for a term of two 
years and until his successor shall have been elected and qualified. The aldermen 
shaH be elected for terms of four years and until their successors shall have been 
elected and qualified, except that at the first election held hereunder, of the alder- 
men elected, the two receiving the highest vote shall be elected for terms of four 
years and the other two aldermen elected shall be elected for terms of two years. 

1952 (47) 1710. 

§ 47-323.2. Same; Seneca. 

Upon the expiration of the present terms of the councilmen of the town of Seneca, 
their successors shall be elected in the following manner at the next general elec- 
tion in the town: of those elected the two receiving the largest number of votes 
shall be elected for a term of six years ; the two receiving the next largest vote 
shall be elected for a term of four years ; and the other two elected shall be elected 
for a term of two years. Thereafter the terms of all councilmen shall be for six 
years. 

1952 (47) 1930. 



§ 47-372.1 1952 Supplement 216 

CHAPTER 5. 

Cities of Over Five Thousand Inhabitants. 

Article 2. Article 4. 

Officers and Employees, § 47-372.1. Certain Powers, § 47-406. 

Article 2. 
Officers and Employees. 
§ 47-372.1. Same; Greer. 

One alderman from each of the six wards in Greer as described and bounded in 
Act No. 867 of 1952 Acts and Joint Resolutions (p. 2130) shall be elected by the 
qualified electors of the city at large, at the times and for the terms prescribed by 
law for the election of the city officials. 

1952 (47) 2130. 

Article 4. 

Certain Powers. 

§ 47-406. Cities of twenty thousand or over may dispose of unclaimed auto- 
mobiles. 

See §§ 46-482.1 to 46-482.8 for personal property abandoned on a road or highway. 

CHAPTER 6. 
Commission Form of Government. 

Article 8. 

City of Camden. 

§ 47-631. Election of mayor and commissioners. 

In the city of Camden there shall be a mayor and four commissioners elected in 
general elections in said city to be held on the second Tuesday in May of each 
even numbered year in which the term of office of the mayor or the term of office 
of the commissioners may expire. 

19S2 (47) 1995. 

CHAPTER 8. 

Financial Matters Generally. 

Article 1. 
General Provisions. 

§ 47-804. No municipal officers may contract with municipality. 

Cited. Gilbert et al v. McLeod Infirmary et al, 219 S. C. 174, 64 S. E. (2d) 524. 

§ 47-808. Same; provisions inapplicable in certain counties. 

The provisions of § 47-807 shall not apply to the counties of Abbeville, Aiken, 
Georgetown, Hampton, Marion, Marlboro, Newberry, Richland, Spartanburg, 
Union and Sumter. 

1952 (47) 2126. 



217 Code of Laws of South Carolina, 1952 § 47-1306 

CHAPTER 9. 
Zoning and City Planning. 

Article 1. 
Zoning. 

§ 47-1001. Building and zoning regulations. 

Cited. Central Realty Corporation v. Al- ville, 218 S. C. 435; 63 S. E. (2d) 153, 
lison, Building Inspector, City of Green- (1951). 

§ 47-1004. Manner of adopting regulations; hearings; notice thereof. 

Notice of time and place of hearing pub- Greenville, 218 S. C. 435; 63 S. E. (2d) 153, 
lished one time over fifteen days prior (1951). 

thereto sufficient. Central Realty Corpora- § 8901 not applicable to this section. Id. 

tion v. Allison, Building Inspector, City of 

§ 47-1005. Amendment of regulations; protests. 

This section contemplates that a written Central Realty Corporation v. Allison, 
protest be offered or presented before or at Building Inspector, City of Greenville, 218 
the time of the advertised public hearing. S. C. 435; 63 S. E. (2d) 153, (1951). 

CHAPTER 11. 

Streets and Sidewalks Generally. 

Article 1. 
Acquisition of Land for Streets, etc. 

§ 47-1302. May condemn property. 

Any municipal corporation desiring to become the owner of any land, or to ac- 
quire any easement or right of way therein, whether within or without the corpo- 
rate limits, for any corporate or public purpose, may condemn such land or right 
of way or easement in the manner hereinafter provided. 

1952 (47) 2022. 

§ 47-1303. Lands devoted to public use or of public service corporations ex- 
cepted. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2022 and 2023. 

The provisions of § 47-1302 shall not apply to any property owned by public 
service corporations or devoted to public use. Such power of condemnation shall 
not extend to properties beyond the boundaries of the county in which a municipal 
corporation is situate and no municipal corporation shall have powers of condem- 
nation beyond the county territorial limits of the county in which such municipal 
corporation is located. 

1952 (47) 2022. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2022 and 2023. 

§ 47-1304. Procedure. 

The condemnation authorized and provided for in § 47-1302 shall be made in 
the same manner as condemnations are made by railroad corporations, as set forth 
in §§ 58-771 to 58-7S7. 

1952 (47) 2022. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2022 and 2023. 

§ 47-1305. Oath of condemnation jury. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2022 and 2023. 

§ 47-1306. Appeal to court. 

Repealed by 1952 A. &. J. R. (47 St. at L.) pp 2022 and 2023. 



§ 47-1307 1952 Supplement 218 

§ 47-1307. Clerk of court to execute deed when owner fails. 

Repealed by 1952 A. &. J. R. (47 St. at L.) pp 2022 and 2023. 

§ 47-1308. Recordation of deed. 

Repealed by 1952 A. &. J. R. (47 St. at L.) pp 2022 and 2023. 

CHAPTER 13. 
Miscellaneous Local Provisions. 

Article 10. 
Greenwood. 

§ 47-1601. Salaries of mayor and councilmen. 

The mayor of Greenwood shall be paid a salary of one hundred twenty-five dol- 
lars per month, and the members of the council a salary of fifty dollars each per 
month. Such salaries shall be applicable commencing with the present terms of office 
of the mayor and councilmen. 

1952 (47) 1897. 

Title 51. 

Parks and Playgrounds. 

CHAPTER 4. 

Provisions Relating to Particular Political Subdivisions. 

Article 15. Article 17. 

Greenwood Recreation District and Kershaw County Recreational Board and 

Commission, § 51-351. Commission, § 51-359.1. 

Article 15. 

Greenwood Recreation District and Commission. 

§ 51-351. Establishment of the Greenwood recreation district. 

There is hereby created a district, known as The Greenwood Recreation District, 
which shall consist of all of the area included within the incorporate limits of the 
city of Greenwood, together with all of the area outside of the incorporate limits 
of the city of Greenwood which was included in School District No. 18 on Jan- 
uary 1 1952. 

1952 (47) 2144. 

§ 51-355.1. Tax levy. 

There is levied upon all of the taxable property within the area known as The 
Greenwood Recreation District a tax of two mills. The auditor and other proper 
officials are hereby directed and empowered to levy and collect such a levy. 

1952 (47) 2144. 

Article 17. 

Kershaw County Recreational Board and Commission. 

§ 51-359.1. Establishment and appointment of commission; term. 

Provisions from 1952 A. &. J. R. (47 St. at L.) pp 1709 and 1710 make up this section. 

§ 51-359.2. Duties. 

Provisions from 1952 A. &. J. R. (47 St. at L.) pp 1709 and 1710 make up this section. 



219 Code of Laws of South Carolina, 1952 § 53-821 

Title 52. 
Partnerships and Joint Stock Companies. 

CHAPTER 1. 
Uniform Partnership Act. 

Article 1. 
General Provisions. 
§ 52-1. Uniform Partnership Act. 

Cited in Nachman-Rhodes, Inc. v. 393, (1951). 
Lightner et al., 219 S. C. 167, 64 S. E. (2d) 

Title 53. 
Peace Officers. 

Chapter 2. Sheriffs and Deputy Sheriffs Generally, § 53-52. 
7.1. Great Falls Police System, § 53-821. 

CHAPTER 2. 
Sheriffs and Deputy Sheriffs Generally. 

Article 1. 
Elections, Qualifications and Vacancies in Office. 

§ 53-52. Same ; exception in certain counties. 

In the counties of Beaufort, Berkeley. Cherokee, Hampton and Kershaw the 
election for sheriff shall be held in each even numbered year other than a presi- 
dential election year. 

1952 (47) 1877. 

§ 53-56. Vacancies in office of sheriff. 

Undated resignation signed by person sheriff is void. Jackson v. White, 218 S. C. 
prior to appointment and qualification as 311; 62 S. E. (2d) 776, (1950). 

CHAPTER 5. 
Rural and Other County Police. 

Article 4. 
Cherokee County Rural Police. 
§ 53-399. Responsibility of sheriff; daily reports to him. 

Cherokee County sheriff not entitled to policemen. McKown, et al v. Daniel, et al, 
any charge for services or expenses of rural 217 S. C. 510; 61 S. E. (2d) 163, (1950). 

CHAPTER 7.1. 
Great Falls Police System. 
§ 53-821. Etablishment, etc. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2138 to 2140 make up this section. 



§ 55-8 1952 Supplement 220 

Title 55. 
Prisons and Other Methods of Correction. 

Chapter 3. South Carolina Industrial School, § 55-103.1. 

4. The State Industrial School for Girls, § 55-155.1. 

5. The John G. Richards Industrial Training School for Negro Boys, 
§ 55-203.1. 

6. The South Carolina Industrial School for Negro Girls, § 55-253. 
8. Jails and Jailers, § 55-424. 

CHAPTER 1. 
General Provisions. 
§ 55-8. Credit given convicts for good behavior. 

Upon release from the penitentiary for Wilson, 219 S. C. 139; 64 S. E. (2d) 400, 

good behavior, before the expiration of his (1951). 

sentence respondent became subject to the Applied. Finley v. The Mate. 219 b. U 

jurisdiction of the Parole Board. State v. 278; 64 S. E. (2d) 881, (1951). 

CHAPTER 3. 
South Carolina. Industrial School. 
§ 55-103.1. Commitment by general sessions courts and certain inferior 
courts. 

Any white male under the age of seventeen years entering a plea of guilty or 
being convicted in the courts of general sessions of this State, or in any inferior 
court of this State, having concurrent jurisdiction with the courts of general ses- 
sions, may in the discretion of the trial judge, be committed by that court to South 
Carolina Industrial School, subject to all laws or rules and regulations applicable 
to the School, instead of to the chain gang or State Penitentiary. 

1952 (47) 2172. 
§ 55-106. Transfer of certain inmates to State Hospital. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

CHAPTER 4. 
The State Industrial School for Girls. 
§ 55-155.1. Commitment by courts of general sessions and certain inferior 
courts. 

Any white female under the age of twenty years entering a plea of guilty or 
being convicted in the courts of general sessions of this State, or in any inferior 
court of this State, having concurrent jurisdiction with the courts of general ses- 
sions, may in the discretion of the trial judge, be committed by that court to The 
State Industrial School for Girls, subject to all laws or rules and regulations appli- 
cable to the School, instead of to the chain gang or State Penitentiary. 

1952 (47) 2172. 

§ 55-156. Commitment by certain other courts. 

When any white female between the ages of twelve and twenty years except as j 
provided in § 55-155.1 shall have been tried before any magistrate or county or 
city court and found guilty of a violation of any law punishable by fine or imprison- 



221 Code of Laws of South Carolina, 1952 § 55-253 

ment in the State Penitentiary or in any county or city jail, or by hard labor for 
any county or city, if, in the opinion of such court, the interest of such female would 
thereby be promoted, such court may commit such female, in lieu of fine or im- 
prisonment, to The State Industrial School for Girls for an indeterminate period 
not to extend beyond the twenty-first birthday of such female. But if, in the opin- 
ion of such court, such female should be placed on probation rather than impris- 
oned or fined, the court shall remand such female to the judge of probate in the 
county in which her case arose with recommendations to this effect, and the judge 
of probate shall then handle the case as he may deem best in accordance with the 
provisions of this chapter and the laws of this State. 
1952 (47) 2172. 

§ 55-164. Epileptics, et al., not to be admitted ; transfers. 

No girl shall be committed to the industrial school who is epileptic, mentally ill, 
or mentally defective. The court when committing any girl shall furnish a state- 
ment of such facts as can be ascertained concerning the personal and family history 
of the girl. If it shall develop after a girl is committed to institution that she is an 
epileptic, mentally ill, mentally defective, or paralytic, she may be transferred by 
the Board to another state institution, which in its judgment is best qualified to 
care for her, in accordance with the laws of this State. But no transfer to any State 
mental health facility shall be made without approval of the South Carolina Men- 
tal Health Commission. 

1952 (47) 2042. 

CHAPTER 5. 

The John G. Richards Industrial Training School for Negro Boys. 

§ 55-203.1. Commitment by courts of general sessions and certain inferior 
courts. 

Any negro male under the age of seventeen years entering a plea of guilty or 
being convicted in the courts of general sessions of this State, or in any inferior 
court of this State, having concurrent jurisdiction with the courts of general ses- 
sions, may in the discretion of the trial judge, be committed by that court to The 
John G. Richards Industrial Training School for Negro Boys, subject to all laws 
or rules and regulations applicable to such school, instead of to the chain gang or 
State Penitentiary. 

1952 (47) 2172. ' 

CHAPTER 6. 

The South Carolina Industrial School for Negro Girls. 

§ 55-253. Commitment by courts of general sessions and certain inferior 
courts. 

Any negro female under the age of twenty years entering a plea of guilty or 
being convicted in the courts of general sessions of this State, or in any inferior 
court of this State, having concurrent jurisdiction with the courts of general ses- 
sions, may in the discretion of the trial judge, be committed by that court to The 
South Carolina Industrial School for Negro Girls, subject to all laws or rules and 
regulations applicable to such school, instead of to the chain gang or State Peni- 
tentiary. 

1952 (47) 2172. 



§ 55-424 1952 Supplement 222 

CHAPTER 8. 
Jails and Jailers. 

§ 55-424. Imprisonment of mentally ill or defective or epileptic. 

No person who is mentally ill, mentally defective, or epileptic shall be confined 
for safekeeping in any jail. If it appears to the officer in charge that such a person 
has been imprisoned he shall notify the South Carolina Mental Health Commis- 
sion immediately. 

1952 (47) 2042. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074. 

CHAPTER 10. 
Probation, Parole and Pardons. 

Article 1. 
Board of Probation, Parole and Pardons; General Provisions. 

§ 55-551. Probation, Parole and Pardon Board. 

Cited. Evans v. Manning, 217 S. C. 10; 59 S. E. (2d) 341, (1950). 

§ 55-553. Meetings. 

Cited. Evans v. Manning, 217 S. C. 10; 59 S. E. (2d) 341, (1950). 

Article 3. 

Probation. 

§ 55-593. Conditions of probation. 

Revocation of parole for failure "avoid 130; 61 S. E. (2d) 754, (1950). 

persons or places of disreputable or harm- Cited. The State v. Clough, 220 S. C. 

ful character." State v. White, 218 S. C. 390; 68 S. E. (2d) 329, (1951). 

Article 4. 
Parole Generally and Release for Good Conduct. 

§ 55-611. When Board may parole prisoner. 

Cited. The State v. Williams, 221 S. C. 107; 69 S. E. (2d) 371, (1952). 

§ 55-616. Violation of parole. 

Violation of municipal laws relating to breach conditions of probationary sentence, 
disorderly conduct, reckless driving, speed- The State v. King, 221 S. C. 68; 69 S. E. 
ing and breach of the peace sufficient to (2d) 123, (1952). 

§ 55-617. Effect of release after service of full time less good conduct deduc- 
tion. 

Upon release from the penitentiary for jurisdiction of the Parole Board. State v. 
good behavior, before the expiration of his Wilson, 219 S. C. 139, 64 S. E. (2d) 400. 
sentence, respondent became subject to the 



223 Code of Laws of South Carolina, 1952 § 56-1335.1 

Title 56. 
Professions and Occupations. 

Chapter 21. Peddlers, Horse Traders, Etc., § 56-1271.1. 
22.1. Physical Therapists, § 56-1335. 

CHAPTER 3. 
Attorneys at Law. 

Article 3. 
Regulation of Practice of Laiv. 

§ 56-143. Attorneys not to argue longer than two hours. 

Applied. State v. Mclntire, 71 S. E. (2d) 410, (1952). 

CHAPTER 16. 
Naturopathy. 

§ 56-901. Naturopathy denned. 

Stated. Jacoby v. S. C. Board of Naturo- (2d) 138, (1951). 
pathic Examiners, 219 S. C. 66; 64 S. E. 

CHAPTER 21. 
Peddlers, Horse Traders, Etc. 

Article 5. 
Horse Trading, etc. 

§ 56-1271.1. Same; issuance of license in Union County. 

In Union County the clerk of court may issue such licenses, upon payment of the 
sum of fifty dollars, for a period of six months or less without such authorization. 
1952 (47) 2162. 

CHAPTER 22.1. 
Physical Therapists. 
§ 56-1335. Short title. 

This chapter may be cited as the "Physical Therapists Practice Act". 
1952 (47) 1967. 

§ 56-1335.1. Definitions. 

In this chapter, unless the context otherwise requires, the following definitions 
shall obtain : 

( 1 ) " Physical Therapy" shall mean the treatment of any bodily or mental con- 
dition of any person by the use of the physical, chemical and other properties of 
heat, light, water, electricity, massage, and active and passive exercise. The use 
of roentgen rays and radium for diagnostic and therapeutic purposes, and the use 
of electricty for surgical purposes, including cauterization, are not authorized under 
the term "physical therapy" as used in this chapter. 

(2) "Physical Therapist" shall mean a person who practices physical therapy 
as defined in this chapter under the direction, supervision and prescription of a per- 
son licensed to practice medicine or surgery. 

(3) "Board" shall mean the State Board of Examiners. 
1952 (47) 1967. 



§ 56-1335.2 1952 Supplement 224 

§ 56-1335.2. State Board of Examination and Registration of Physical Thera- 
pists ; appointment ; term. 

There is hereby created the State Board of Examination and Registration of 
Physical Therapists to administer the registration of physical therapists as defined 
in and set out in this chapter. The Board shall consist of at least three and not 
more than five members, who shall be nominated by the South Carolina Physical 
Therapy Association, Inc., and approved by the Governor, and shall be registered 
physical therapists as defined by this chapter. One doctor licensed to practice in 
this State may be substituted for one of the physical therapist members. The 
physical therapists shall have had at least three years experience prior to appoint- 
ment, and shall be actively practicing in this State during their respective periods 
of incumbency. The term of each member of the Board shall be for three years, 
and no member may serve for more than two successive three-year terms. The 
Board shall designate one of its members as president, and one as secretary- 
treasurer. 

1952 (47) 1967. 

§ 56-1335.3. Seal ; use of funds ; disbursements. 

The Board may have and use an official seal bearing the words: "State Board 
of Examination and Registration of Physical Therapists in South Carolina". All 
moneys coming into the possession of the Board shall be held by the secretary- 
treasurer of the Board as a special fund for meeting the expenses of the Board and 
carrying out the provisions of this chapter, and for the promotion of physical 
therapy education and good standards of physical therapy in this State and he 
shall give such bond as the Board shall, from time to time, direct, the expenses of 
such bond to be paid out of the funds of the Board. All disbursements from the 
funds of the Board must have the approval of the president. 

1952 (47) 1967. 

§ 56-1335.4. Rules; records; register. 

The Board may adopt reasonable rules to carry this chapter into effect and may 
amend and revoke such rules at its discretion. The Board shall keep a record of its 
proceedings under this chapter and a register of all persons registered under it. 
The register shall show the name of every living registrant, his last known place 
of business and last known place of residence, and the date and numher of his 
registration and certificate as a registered physical therapist. The Board shall dur- 
ing the month of January of every year compile a list of registered physical thera- 
pists authorized to practice physical therapy in the State and shall mail a copy of 
the list to the superintendent of every known hospital, and every person licensed to 
practice medicine and surgery in the State. Any interested person in the State is 
entitled to obtain a copy of that list on application to the Board and payment of 
such amount as may be fixed by the Board, which shall not exceed the cost of the 
list so furnished. 

1952 (47) 1967. 

§ 56-1335.5. Investigations; prosecution of violators. 

The Board shall investigate every supposed violation of this chapter coming to 
its notice and shall report to the proper solicitor all cases that in the judgment of 
the Board warrant prosecution. Every police officer, sheriff, and peace officer shall 
investigate every supposed violation of this chapter that comes to his notice or 



225 Code of Laws of South Carolina, 1952 § 56-1335.9 

of which he has received complaint, and apprehend and arrest all violators. It shall 
be the duty of the Attorney General and of the several solicitors to prosecute vio- 
lations of this chapter. 
1952 (47) 1967. 

§ 56-1335.6. Reports. 

The Board shall make an annual report of its proceedings to the Governor at 
the close of each fiscal year, which report shall contain an account of all moneys 
received and disbursed by it pursuant to this chapter. 

1952 (47) 1967. 

§ 56-1335.7. Application for registration. 

Unless entitled to register under § 56-1335.13, a person who desires to be regis- 
tered as a physical therapist shall apply to the Board, in writing, on a blank fur- 
nished by the Board. He shall embody in that application evidence under oath, satis- 
factory to the Board, of his possessing the qualifications preliminary to examination 
required by § 56-1335.8. He shall pay to the Board a fee of ten dollars at the time 
of filing his application. 

1952 (47) 1967. 

§ 56-1335.8. Qualifications for applicants. 

To be eligible for registration by the Board as a physical therapist, each applicant 
must: 

(l)Be at least twenty-one years old, 

(2) Be of good moral character, 

(3) Have obtained a high school education or its equivalent as determined by 
the Board, 

(4) Be a graduate of a school of physical therapy approved by the appropriate 
sub-body of the American Medical Association, if such school existed at the time 
of his graduation; or if graduated prior to 1936, then the school or course which 
was approved by the American Physical Therapy Association at the time of his 
graduation, 

(5) Either (a) pass to the satisfaction of the Board an examination conducted 
by it to determine his fitness for practice as a physical therapist or (b) be entitled 
to registration without examination as provided in § 56-1335.13. 

1952 (47) 1967. 

§ 56-1335.9. Examinations. 

The Board shall examine applicants for registration as physical therapists at such 
times and places as it may determine, provided that the Board shall meet at least 
once each year for this purpose and that notice of at least one meeting each year 
be published in a newspaper of general circulation in the State ten days in advance 
of such meeting. The examination shall embrace such subjects as the applied sciences 
of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics- 
physical therapy, as defined in this chapter, as applied to medicine, neurology, 
orthopedics, pediatrics, psychiatry, surgery, medical ethics, technical procedures in 
the practice of physical therapy as defined in this chapter. 

In case of failure at any examination the applicant shall have the privilege of a 
second examination on payment of the regular fee. In case of a second failure the 
applicant, to be eligible for a third examination, shall in addition to the require- 



§ 56-1335.9 1952 Supplement 226 

ments for previous examination, have further pursued his studies for such time 
as the Board may designate, and furnish satisfactory evidence thereof. 

The grade required for passing the examination before the Board shall be an 
average of not less than seventy-five per cent on all subjects examined upon and 
not less than sixty per cent on any individual branch. 

1952 (47) 1967. 

§ 56-1335.10. Temporary permit to practice. 

The Board may, upon request, issue to each properly qualified applicant for 
registration on licensure a temporary permit which will authorize such applicant 
to practice physical therapy until the next meeting of the Board. The applicant will 
pay a fee of two dollars for this privilege, none of which shall be returned, nor will 
it be applied to the fee for regular registration. 

1952 (47) 1967. 

§ 56-1335.11. Registration; certificates. 

The Board shall register as a physical therapist each applicant who proves to the 
satisfaction of the Board his fitness for registration under the terms of this chapter. 
It shall issue to each person registered a certificate of registration, which shall be 
prima facie evidence of the right of the person to whom it is issued to represent 
himself as a registered physical therapist, subject to the conditions and limitations 
of this chapter. 

1952 (47) 1967. 

§ 56-1335.12. Extension of registration; annual fee; inactive list. 

Every registered physical therapist shall, on or before January 1 in each year 
apply to the Board for an extension of his registration and pay a fee of two dollars. 
Registration that is not so extended shall automatically lapse. The Board may in 
its discretion revive and extend a lapsed registration on the payment of all past 
unpaid extension fees. 

A person licensed under the provisions of this chapter desiring to retire from 
practice temporarily, shall send a written notice to the Board. Upon receipt of such 
notice, the Board shall place the name of such person upon the inactive list. While 
remaining on this list the person shall not be subject to the payment of any renewal 
fees and shall not practice physical therapy in the State. When such person desires 
to resume practice, application for renewal of license and payment of renewal fee 
for the current year shall be made to the Board. 

1952 (47) 1967. 

§ 56-1335.13. Reciprocal registration. 

The Board may, in its discretion, register as a physical therapist, without exami- 
nation, on the payment of a fee of ten dollars, an applicant for registration who is 
a physical therapist registered under the laws of another state or territory, if the 
requirements for registration of physical therapists in the state or territory in which 
the applicant was registered were at the date of his registration substantially equal 
to the requirements in force in this State and if the state or territory whence the 
applicant comes accords a similar privilege of registration without examination to 
holders of certificates as registered physical therapists under this chapter. 

1952 (47) 1967. 



227 Code ok Laws of South Carolina, 1952 § 56-1335.16 

§ 56-1335.14. Grounds for refusal, suspension or revocation of registration. 

The Board, after due notice and hearing, may refuse to register any applicant 
and may refuse to renew the registration of any registered person, and may suspend 
or revoke the registration of any registered person 

(1) Who is habitually drunk or who is addicted to the use of narcotic drugs, 

(2) Who has been convicted of violating any state or federal narcotic law, 

(3) Who is, in the judgment of the Board, guilty of immoral or unprofessional 
conduct, 

(4) Who has been convicted of any crime involving moral turpitude, 

(5) Who is guilty, in the judgment of the Board, of gross negligence in his 
practice as a physical therapist, 

(6) Who has obtained or attempted to obtain registration by fraud or material 
misrepresentation, 

(7) Who has been declared insane by a court of competent jurisdiction and has 
not thereafter been lawfully declared sane, or 

(8) Who has treated or undertaken to treat ailments of human beings otherwise 
than by physical therapy and as authorized by this chapter, or who has undertaken 
to practice independent of the prescription, direction or supervision of a person 
licensed to practice medicine or surgery without limitation. 

1952 (47) 1967. 

§ 56-1335.15. Treatment of human ailments by registrants and others. 

A person registered under this chapter as a physical therapist shall not treat 
human ailments by physical therapy or otherwise except under the direction, super- 
vision and prescription of a person licensed to practice medicine or surgery. Nothing 
in this chapter shall be construed as authorizing a registered physical therapist or 
any other person to practice medicine, surgery, osteopathy, homeopathy, chiroprac- 
tics, naturopathy, magnetic healing or any other form, branch or method of healing 
as authorized by the laws of this State. Any person violating the provisions of this 
section shall be guilty of a misdemeanor and, upon conviction by a court of com- 
petent jurisdiction, shall be punished as set out in § 56-1374. 

1952 (47) 1967. 

§ 56-1335.16. Practice of other forms of therapy, massaging or related treat- 
ment. 

Nothing contained in this chapter shall be construed to limit or prevent the 
practice of any other form of therapy, massaging, or related treatment by any person 
not registered under the chapter, if such person does not in any way represent 
himself to be a registered physical therapist. 

Nothing in this chapter shall be construed to prevent a person, duly licensed, 
to practice chiropractic medicine under the existing laws of this State, to practice 
that form of the healing art herein defined as physical therapy or to restrict, inhibit 
or limit the practice of chiropractic medicine as now practiced in this State and as 
taught by accredited schools or colleges of chiropractic medicine. 

Also nothing contained in this chapter shall affect any duly licensed naturopathic 
doctor in the practice of his profession of naturopathy in this State. 

1952 (47) 1967. 



§ 56-1335.17 1952 Supplement 228 

§ 56-1335.17. Acts prohibited; unlawful practice. 

Any person who is not registered under this chapter as a physical therapist, or 
whose registration has been suspended or revoked, or whose registration has lapsed 
and has not been revived, who uses in connection with his name the words or letters 
"R.P.T", "Registered Physical Therapist", "Physical Therapist", "Physio Thera- 
pist" or any other letters, words or insignia indicating or implying that he is a reg- 
istered physical therapist, or who in any other way, orally or in writing or in print 
or by sign directly or by implication, represents himself as a registered physical 
therapist shall be guilty of misdemeanor and for each offense, upon conviction by 
any court of competent jurisdiction, shall be fined in any sum not less than one 
hundred dollars nor more than five hundred dollars or imprisonment in the county 
jail for a period of not less than thirty nor more than ninety days, or both, at the 
discretion of the court, and each day of such violation shall constitute a separate 
offense. One-half of such fine shall go to the informant and the other half to the 
State. 

1952 (47) 1967. 

§ 56-1335.18. False oath, or representation; penalties. 

A person who willfully makes a false oath or affirmation in any case in which 
an oath or affirmation is required by this chapter, or who obtains or attempts to 
obtain registration by any fraudulent representation shall be guilty of a misdemeanor 
and for each offense, upon conviction by any court of competent jurisdiction, shall 
be fined in any sum not less than one hundred dollars nor more than five hundred 
dollars or imprisonment in the county jail for a period of not less than thirty days 
nor more than ninety days, or both, at the discretion of the court. 

1952 (47) 1967. 

Title 57. 
Property and Conveyances. 

CHAPTER 7. 
Parole, Fraudulent and Other Void Gifts or Conveyances. 

§ 57-306. Parole leases, etc. have force and effect of estates at will only; ex- 
ceptions. 

Cited. McDonald, et al v. Welborn, et al, 220 S. C. 10; 66 S. E. (2d) 327. (1951). 

Title 58. 
Public Service Companies. 

CHAPTER 10. 
Certain Provisions Affecting Railroad, Street Railway, Steamboat and 

Canal Companies. 

Article 6. 

Provisions Affecting Railroads, Including Electric, Interurhan or Street Railway. 
§ 58-743. Signals to be given at crossings. 

If the crossing signals were not given as Ry. Co., et al, 218 S. C. 63; 61 S. E. (2d) 

required the railroad must show that plain- 660, (1950). 

tiff was guilty of gross or willful negligence Determining whether or not the statutory 

in order to bar recovery. Allen v. Southern signals were given as required is for the 



229 Code of Laws of South Carolina, 1952 § 59-95.3 

jury. Allen v. Southern Ry. Co., et al, 218 lieves railroad of liability. Atlantic Coast 

S. C. 63; 61 S. E. (2d) 660, (1950). Line Ry. Co. v. Glenn, 198 F. (2d) 232, 

Negligence of driver of automobile, (1952). 
which collided with train, as bar to recovery Cited. Taylor v. Atlantic Coast Line Ry. 

by injured passenger in automobile. Rock Co., et al, 217 S. C. 435; 60 S. E. (2d) 889, 

v. Atlantic Coast Line RR. Co. (1952). (1950); Vernon v. A. C. L. RR. Co., 221 

Failure to give signals is 'negligence per S. C. 376; 70 S. E. (2d) 862, (1952). 
se, but gross contributory negligence re- 

CHAPTER 11. 
The General Railroad Law. 

Article 4. 

Consolidation or Acquisition of Railroad Companies or Interests Therein. 
§ 58-929. Liability to suits. 

Cited. Bookhart v. Central Elec. Power (1951). 
Coop., 219 S. C. 414; 65 S. E. (2d) 781; 

Article 9. 

Crossings. 

§ 58-999. Signs at railroad crossings. 

Cited. Shonnard v. South Carolina Public (2d) 894, (1950). 
Service Authority, 217 S. C. 435; 60 S. E. 

§ 58-1004. Injuries at crossings; penalty and damages. 

Applied. Vernon v. A. C. L. RR. Co., Co., et al, 217 S. C. 435; 60 S. E. (2d) 889, 
221 S. C. 376: 70 S. E. (2d) 862, (1952). (1950). 

Cited. Taylor v. Atlantic Coast Line Ry. 

Title 59. 
Public Works and Certain Public Authorities. 

Chapter 1.2 Clinton-Newberry Natural Gas Authority, § 59-95.1. 
1.3. Fort Hill Natural Gas Authority, § 59-96.1. 

3. Municipal Public Works, § 59-172.1. 

4. District for Certain Public Works, § 59-609.1. 

5. The Revenue Bond Refinancing Act of 1937, § 59-656. 

CHAPTER 1. 
South Carolina Public Service Authority. 
§ 59-1. Created; offices. 

Cited. Dupon v. South Carolina Public Service Authority, 100 F. Supp. 778 (1951). 

CHAPTER 1.2. 
Clinton-Newberry Natural Gas Authority. 

§ 59-95.1. Created; function. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 
Constitutional. Welling v. Clinton New- C. 417; 71 S. E. (2d) 7, (1952). 
berry Natural Gas Authority, et al, 221 S. 

§ 59-95.2. "System" defined. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.3. Board ; election ; term ; vacancy ; pay. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 



§ 59-95.4 1952 Supplement 230 

§ 59-95.4. Officers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.5. Salary; expenses. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.6. Powers. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.7. Service area. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.8. Rates. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.9. Disposition of uncovenanted net revenues. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.10. Property exempt from taxes. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.11. Penalties. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

§ 59-95.12. Restriction of chapter. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section. 

CHAPTER 1.3. 
Fort Hill Natural Gas Authority. 

§ 59-96.1. Created; function. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.2. "System" defined. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.3. Board; appointment; terms; vacancy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.4. Officers; pay; expenses. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.5. Powers. 

Provisions from 1952 A. & J. R. (47 St. at L.} pp 1987 to 1995 make up this section. 

§ 59-96.6. Service area. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.7. Member towns. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.8. Contracts with other municipalities. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.9. Rates. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.10. Disposition of uncovenanted net revenues to member towns. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.11. Property exempt from taxes. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 



231 Code of Laws of South Carolina, 1952 § 59-366 

§ 59-96.12. Penalties. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

§ 59-96.13. Restriction of chapter. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section. 

CHAPTER 3. 

Municipal Public Works. 

Article 2. Article 19. 

Commissioners of Public Works Generally, Berkeley County Waterworks Commission, 

§ 59-172.1. § 59-591. 

Article 2. 
Commissioners of Public Works Generally. 

§ 59-172.1. Election and term in Forest Acres. 

Three commissioners of public works shall be elected at the election to be held 
in the town of Forest Acres on the second Tuesday in June in every odd-numbered 
year for a mayor and four councilmen as provided by § 47-317.1. Each such com- 
missioner shall serve for a term of two years or until his successor shall have been 
elected and qualified. 

1952 (47) 2023. 

§ 59-174. No such commissioners in certain municipalities. 

In the cities and towns of Abbeville, Barnwell, Belton, Bennettsville, Branch- 
ville, Camden, Cherazv, Chester, Clinton, Clio, Clover, Conway, Cowpens, Denmark, 
Dillon, Donalds, Due West, Edgefield, Estill, Fairfax, Fort Mill, Fountain Inn, 
Georgetown, Heath Springs, Honca Path, Kingstree, Lake City, Lamar, Lancaster, 
Landrum, Latta, Lexington, Loris, Marion, McColl, Myrtle Beach, Newberry, 
North Augusta, Orangeburg, Pickens, Prosperity, Rock Hill, St. George, Salley, 
Simpsonville, Springfield, Sumter, Swansea, Timmonsville, Walhalla, Walterboro, 
West Greenville and West Union there shall be no board of commissioners of public 
works but in said cities and towns the duties, powers and responsibilities vested 
in such boards in other cities and towns shall be vested in the respective city or 
town councils of such cites or towns except that (a) in the cities of Marion, Myrtle 
Beach and Newberry and in the town of Land rum they shall be vested in the mayor 
and aldermen, (b) in the city of Rock Hill and in the towns of Bennettsville, 
Branchville, Clio, Clover, Dillon, Due West, Kingstree, Lancaster, North Augusta, 
Prosperity, Salley, Walholla and West Union they shall be vested in the mayor 
and city or town council or in the intendant and wardens, as the case may be, and 
(c) in the town of Pickens they shall be vested in the town council and the sinking 
fund commission of the town. 

1952 (47) 2076. 

Article 9. 

Revenue Bond Act for Utilities. 

§ 59-361. "Borrower" defined. 

Cited. Welling v. Clinton Newberrv Nat- 71 S. E. (2d) 7, (1952). 
ural Gas Authority, et al, 221 S. C. 417; 

§ 59-366. Joint projects. 

Applied. Welling v. Clinton Newberry 71 S. E. (2d) 7, (1952). 
Natural Gas Authority, et al, 221 S. C. 417; 



§ 59-591 1952 Supplement 232 

Article 19. 
Berkeley County Waterworks Commission. 

§ 59-591. Appointment; terms; vacancy. 

The Berkeley County Waterworks Commission shall consist of five qualified 
electors of Berkeley County who are not at the time of their appointment office- 
holders of Berkeley County. The members shall be appointed by the Governor for 
terms of five years upon the recommendation of a majority of the county legislative 
delegation. The terms of members first appointed shall be staggered so that the 
term of one member shall expire each year. Vacancies in the commission shall be 
filled in the same manner as the original appointment and the appointment shall be 
for the unexpired term. 

1952 (47) 2030. 

§ 59-592. Chairman; pay; employment. 

The members of the commission shall elect one of their number as chairman. The 
members of the commission, including the chairman, shall receive compensation 
for their services as annually provided in the county supply act. No member of 
the commission shall be appointed to any office or shall be eligible for any employ- 
ment in connection with the operation or management of any facility under the 
control of the commission. 

1952 (47) 2030. 

§ 59-593. Operate waterworks system. 

The commission may acquire, by construction or purchase, and operate water- 
works systems and furnish water to individuals, firms or corporations for reason- 
able compensation. The commission shall have full control and management of 
waterworks systems acquired by it. If the commission decides to purchase or con- 
struct a waterworks system, or to improve one which it has acquired, it shall have 
an estimate made of the costs of acquisition or improvement and may issue revenue 
bonds in the amount of such costs. The proceeds of the operation of such water- 
works systems shall be pledged and applied to the payment of the principal and 
interest of the revenue bonds issued. 

1952 (47) 2030. 

§ 59-594. Acquisition of property. 

For the purpose of acquiring, establishing or improving waterworks provided 
for in this article, the commission may condemn lands, water rights, water privileges 
or other property necessary or desirable for the purpose of the waterworks system, 
but just compensation must first be paid to the owner of such property rights or 
privileges. The condemnation proceedings shall be instituted by the commission 
and shall be conducted in the same manner as condemnation proceedings instituted 
by the South Carolina State Highway Department. The commission also may enter 
upon and condemn lands and tenements for the purpose of protecting the water 
sheds and water supplies from contamination, nuisances or any conditions which 
may be a menace to the public health. In lieu of condemning such lands, property, 
water rights, water privileges and other property the commission may purchase 
them by agreement with the owner thereof at the fair market value thereof. 

1952 (47) 2030. 



233 Code of Laws of South Carolina, 1952 § 60-5 

CHAPTER 4. 
District for Certain Public Works. 

§ 59-609.1. Same; special provision for commissioners in counties between 
41,000 and 43,000, 1950 census. 

In counties having a population between forty-one thousand and forty-three 
thousand according to the 1950 census, such boards of commissioners may provide 
water, sewerage and fire protection to citizens outside of such districts in those 
counties or adjacent counties and charge such rates therefor as they may fix which 
may be more but not less than the rates charged citizens of such districts for 
similar services and facilities. 

1952 (47) 2026. 

CHAPTER 5. 

The Revenue Bond Refinancing Act of 1937. 
§ 59-651. Short title. 

Cited. Welling v. Clinton Newberry Nat- S. E. (2d) 7, (1952). 
ural Gas Authority, et al, 221 S. C. 417; 71 

§ 59-656. Terms and form of refunding bond3. 

The refunding bonds may be issued in one or more series, may bear such date 
or dates, may mature at such time or times, not exceeding the period of usefulness 
of the enterprise, as determined by the governing body in its discretion, nor in any 
event exceeding forty years from their respective dates, may bear such rate or 
rates of interest as the governing body shall determine, may be in such denomina- 
tion or denominations, may be in such form, either coupon or registered, may 
carry such registration and conversion privileges, may be executed in such manner, 
may be payable in such medium of payment, at such place or places, may be sub- 
ject to such terms of redemption, with or without a premium, may be declared or 
become due before the maturity date thereof, may provide for the replacement of 
mutilated, destroyed, stolen or lost bonds, may be authenticated in such manner and 
upon compliance with such conditions and may contain such other terms and 
covenants as may be provided by resolution or resolutions of the governing body 
of the municipality. Not withstanding the form or tenor thereof, and in the absence 
of an express recital on the face thereof that the bond is non-negotiable, all re- 
funding bonds shall at all times be, and shall be treated as, negotiable instruments 
for all purposes. 

1952 (47) 1715. 

Title 60. 

Registration and Recordation. 

CHAPTER 1. 
Registers of Mesne Conveyances. 

§ 60-5. Vacancies in Charleston and Greenville Counties. 

Cited. McDonald, et al v. Welborn, et al, 220 S. C. 10; 66 S. E. (2d) 327, (1951). 



§ 60-51 1952 Supplement 234 

CHAPTER 2. 
Recording .Generally. 
§ 60-51. Affidavit prerequisite for recording. 

Applied as to acknowledgment of chattel 8.24, (1950). 
mortgage being defective. Seale Motor Co., Cited. Teal, et al v. Welborn, et al, 220 

Inc. v. Stone, 218 S. C. 373; 62 S. E. (2d) S. C. 10; 66 S. E. (2d) 327, (1951). 

CHAPTER 9. 

Veterans' Discharges. 
§ 60-404. Same ; special provisions for Chesterfield County. 

The clerk of court of Chesterfield County shall, upon the request of a veteran, 
have the armed forces discharge of veterans of World War II and the Korean 
War photostated and record such photostatic copy in a proper record book. The 
cost of such photostatic copies in Chesterfield County shall be paid upon warrant 
of the governing body of the county out of the general funds of the county. 

1952 (47) 1695. 

Title 61. 

Retirement Systems. 

Chapter 1. South Carolina Retirement System, § 61-33. 
6. Miscellaneous Local Provisions, § 61-601. 

CHAPTER 1. 
South Carolina Retirement System. 

Article 3. Article 4. 

Membership in System, § 61-33. Creditable Service, § 61-51. 

Article 3. 

Membership in System. 

§ 61-33. Employment between April 26 1945 and December 31 1952. 

All persons who were teachers or State, county, or municipal employees on 
April 26 1945, or who become such after said date but on or before December 31 
1952, except those specifically excluded under § 61-35 and the persons permitted 
to exercise an option under §§ 61-39 to 61-41, shall become members as of July 1 
1945, or as of the date of last employment, if later, unless on or before December 
31 1948 they filed with the Board on a form prescribed by the Board a notice of 
their election not to be covered in the membership of the System and a duly ex- 
ecuted waiver of all present and prospective benefits which would otherwise inure 
to them on account of their participation in the System. 

1952 (47) 2094. 

Article 4. 

Creditable Service. 

§ 61-51. Claims for prior service. 

Under rules and regulations adopted by the Board, each member who was a 
teacher or employee at any time prior to July 1 1945 and who becomes a member 
on or before December 31 1952 shall file a detailed statement of all service as a 
teacher or employee rendered by him prior to July 1 1945 for which he claims 
credit. 

1952 (47) 2094. 



235 Code of Laws of South Carolina, 1952 § 65-9 

CHAPTER 3. 
Insurance and Annuity Benefits of Peace Officers. 
§ 61-321. Disbursements; Board's decision final. 

The board has no power to alter a judg- Commissioners of Police Ins., 221 S. C. 23; 
ment of the court. Johnson v. Board of 68 S. E. (2d) 629, (1952). 

CHAPTER 6. 
Miscellaneous Local Provisions. 

§ 61-601. Retirement of certain officers of Jasper County. 
Repealed by 1952 A. & J. R. (47 St. at L.) p 2033. 

Title 64. 
Sunday, Holidays and Other Special Days. 

CHAPTER 1. 
Sundays. 
§ 64-1. Public sports prohibited on Sunday. 

Holding of stock car meet or race on op, et al v. Hanna, Sheriff, et al, 218 S. C. 
Sunday is prohibited by this section. Bish- 474; 63 S. E. (2d) 308, (1951). 

§ 64-2. Penalty for working on Sunday. 

Cited. Bishop et al. v. Hanna, Sheriff, (1951). 
et al, 218 S. C. 474; 63 S. E. (2d) 308, 

Title 65. 
Taxation. 

Chapter 1. General Provisions, § 65-8. 

10. Certain Stamp and Certain Business License Taxes, § 65-753. 

15. Retail License, Sales and Use Taxes, § 65-1404. 

16. The Assessment of Property Taxes, § 65-1508. 
23. Local Provisions, § 65-3416.1. 

CHAPTER 1. 

General Provisions. 

§ 65-8. Use of business license meter impressions in lieu of revenue stamps. 

The use of business license meter impressions in lieu of revenue stamps on ciga- 
rettes or other commodities required by law to carry State revenue stamps may be 
permitted in the discretion of the Tax Commission, but any such article upon 
which such meter impression is illegible or in the opinion of the Commission un- 
satisfactory shall be subject to confiscation by the Commission. 

1952 (47) 1731. 

§ 65-9. Tax exempt status of public bonds, notes and certificates of indebted- 
ness. 

The term "bonds" as used herein shall apply to general obligation bonds and 
bonds payable wholly or in part from any special fund or from the revenues of 
any project or undertaking of the issurer. 



§ 65-9 1952 Supplement 236 

Both the principal and interest of all bonds, notes and certificates of indebtedness, 
heretofore or hereafter issued, by or on behalf of the United States Government 
and by or on behalf of this State, and any authority, agency, department or institu- 
tion of this State, and all counties, school districts, municipalities, divisions and 
subdivisions of this State, and all agencies thereof, shall be exempt from all State, 
county, municipal, school district and all other taxes or assessments, direct or in- 
direct, general or special, and whether imposed for the purpose of general revenue 
or otherwise, and this exemption shall extend to all recipients of all interest paid 
thereon whether paid directly, or paid indirectly through a trustee, guardian or 
other fiduciary, except inheritance, estate or transfer taxes. 

The provisions of this section except as to obligations issued by or on behalf 
of the United States Government shall be deemed an obligation of the contract 
made between the issuer of the bonds, notes and certificates of indebtedness, the 
purchasers thereof, and all holders thereof. 

1952 (47) 1878. 

CHAPTER 5. 
Income Tax of 1926. 

Article 4. 
Gross and Net Income; Deductions. 
§ 65-251. Gross income denned. 

Applied. Wilson v. S. C. Tax Commis- (1951). 
sion, 220 S. C. 171; 66 S. E. (2d) 698, 

§ 65-259. Deductions. 

Amount of bad debt or claim should be wan Fertilizer Co. v. South Carolina Tax 
actually determined before the taxpayer's Commission, 217 S. C. 354; 60 S. E. (2d) 
books are closed for the taxable year. Eti- 682, (1950). 

Article 5. 
Gain or Loss and Basis Therefor. 

§ 65-275. No gain or loss on corporate reorganizations generally. 

Applied. Wilson v. S. C. Tax Commis- (1951). 
sion, 220 S. C. 171; 66 S. E. (2d) 698, 

CHAPTER 10. 

Certain Stamp and Certain Business License Taxes. 

Article 5. 
Soft Drinks Tax, § 65-753. 

Article 2. 
Documentary Stamp Tax. 
§ 65-688. Notes, mortgages; assignments of wages, etc. 

Obligations issued without the State not Co. v. Pinckney, et al, 217 S. C. 407; 60 
taxable hereunder. S. C. Electric & Gas S. E. (2d) 851, (1950). 

Article 3. 

Tobacco, Ammunition and Playing Cards. 

§ 65-701. Imposition of tax. 

Cited. State of S. C. Ex Rel. Roddey v. S. E. (2d) 33, (1951). 
Byrnes, Governor, et al, 219 S. C. 485; 66 



237 Code of Laws op South Carolina, 1952 § 65-1421 

Article 5. 
Soft Drinks Tax. 
§ 65-753. Definitions. 

For the purpose of this chapter the word "syrup" shall be denned as being 
the compound mixture or basic ingredients used in the making, mixing or com- 
pounding of soft drinks at soda fountains by the mixing with it of water, ice, fruits, 
milk or any other product suitable to make a complete soft drink, among such 
syrups being such products as coca-cola syrup, chero-cola syrup, lemon syrup, 
vanilla syrup, chocolate syrup, rock candy syrup, simple syrup, nu-grape syrup, 
cherry smash syrup and all prepared syrups sold for the purpose of mixing soft 
drinks at soda fountains. 

The word "bottle" or "bottles" as used in this article shall mean in every in- 
stance any closed container whatsoever. 

The phrase "bottled drinks" as used in this article shall mean in every instance 
soft drinks in any closed container whatsoever. 

1952 (47) 1731. 

§ 65-765. Exemption of certain pure fruit and vegetable juices. 

***** 

The addition thereto of sugar and vitamins to canned natural fruit juices shall 
not render such juices taxable. 
1952 (47) 1731. 

CHAPTER 12. 

Gasoline Tax 

Article 3. 
Tax on Stored Gasoline. 
§ 65-1081. Imposition. 

Cited. State of S. C. Ex Rel. Roddey v. S. E. (2d) 33. (1951). 
Byrnes, Governor, et al, 219 S. C. 4S5; 66 

CHAPTER 15. 
Retail License, Sales and Use Taxes. 

Article 3. 
Sales Tax. 
§ 65-1401. Imposition of tax. 

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951). 
Roddey v. Byrnes, Governor, et al, 219 S. 

§ 65-1404. Exemptions. 

***** 

(3) The gross proceeds of sales of all livestock, baby chicks and poults by whom- 
soever sold. 
1952 (47) 1999. 

Article 4. 

Use Tax. 
§ 65-1421. Imposition of tax. 

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951). 
Roddey v. Byrnes, Governor, et al, 219 S. 



§ 65-1508 1952 Supplement 238 

CHAPTER 16. 

The Assessment of Property Taxes. 

Article 1. Article 9. 

General Provisions, § 65-1508. Township and Special Boards of Assessors, 

Article 2. § 65-1802. 

Property Taxable; Exemptions, § 65-1522. Article 9.1. 

Article 3. Boards of Assessors and Equalization in 

Liability for Taxes; Returns Generally, McCormick and Saluda Counties, 

§ 65-1642.1. § 65-1857.1. 

Article 8. Article 10. 

County Auditors, § 65-1746.1. County Boards of Equalization and Similar 

Boards, § 65-1865.1. 
Article 1. 

General Provisions. 
§ 65-1508. Same; school districts tax districts in certain counties. 

In Abbeville, Darlington, Florence and Nezvberry Counties each school district 
shall constitute a tax district. 
1952 (47) 1976. 

Article 2. 

Property Taxable; Exemptions. 

§ 65-1522. General exemptions from taxes. 

***** 

(11). Certain motor vehicles of disabled veterans. 

All personal motor vehicles owned by any disabled veteran for which a special 
license tag has been issued by the State Highway Department under the provisions 
of § 46-61 shall be exempt from State, county and municipal taxes. 

1952 (47) 2148. 

§ 65-1523. Specific property exempt from taxation. 

***** 

(67) Alcoholics Anonymous. 

The property owned and used by Alcoholics Anonymous, an eleemosynary cor- 
poration, located at 2013 College Street in the city of Columbia shall be exempted 
from the payment of all county, school and municipal taxes so long as the prop- 
erty is used for charitable purposes and is not operated for profit. In the event 
the property is used for profit, by sale, lease or otherwise, or shall be deeded to any 
person, or shall cease to be used for charitable purposes, then it shall cease to be 
tax exempted. 

19S2 (47) 2027. 

Article 3. 

Liability for Taxes; Return Generally 

§ 65-1642.1. Same ; exception for Marlboro County. 

Returns of property in Marlboro County may be made upon a special form fur- 
nished by the county through its county board of tax assessors and approved by the 
Comptroller General. 

1952 (47) 19S0. 

§ 65-1644.1. Mailing and preparing of tax returns in Marlboro County. 

The board of tax assessors for Marlboro County may mail to all property owners, 
agents, executors or administrators special forms of returns. Such return shall be 
prepared by each receiver and signed before a notary public or the county auditor 



239 Code of Laws of South Carolina, 1952 § 65-1809.1 

and must be mailed to the board of assessors within a stated time following the 
receipt of same. When any such receiver fails to mail the form completed so far 
as is possible, to the board of tax assessors within the stated time following the 
receipt of same the county auditor shall add an amount equal to twenty per cent 
of the assessment made by the board of assessors as a penalty which shall be 
collected along with the normal assessments. The penalty prescribed shall only 
apply to the years in which any such receiver fails or refuses to mail the required 
form. 

1952 (47) 1942. 

Article 8. 

County Auditors. 

§ 65-1746.1. Same ; commencement of term and vacancy in Sumter County. 

In Sumter County the term of office of the county auditor shall be for four years 
from January first, after date of election. All special appointments shall be for the 
remainder of the unexpired term. 

1952 (47) 1937. 

Article 9. 

Tozvnship and Special Boards of Assessors. 

§ 65-1802. Appointment in Newberry and Pickens Counties. 

Notwithstanding the provisions of § 65-1801 in Pickens County the township 
and town boards of assessors and in Nezvberry County the tax district and town 
boards of assessors shall be appointed by the county auditor. 

1952 (47) 1976. 
§ 65-1803. Special provisions for Abbeville and Richland Counties. 

In Abbeville County and in Richland County outside of thecity of Columbia the 
boards of assessors for the various tax districts shall consist of the boards of trus- 
tees for the respective school districts. 

1952 (47) 2024. 
§ 65-1806. Aiken County. 

In Aiken County there shall be appointed the following boards of assessors, to 
be composed of the number of members indicated : city of Aiken, three members ; 
from the area embraced in rural Aiken School District No. 1 on June 30 1952, 
nine members ; from the area embraced in Ellenton School District No. 2 on 
June 30 1952, three members; from the area embraced in Gregg School District 
No. 3 on June 30 1952, four members ; from the area embraced in Langley-Bath- 
Clearwater School District No. 4 on June 30 1952, five members; from the area 
embraced in Monetta School District No. 5 on June 30 1952, five members ; from 
the city of North Augusta, three members ; from the area embraced in rural North 
Augusta School District No. 6 on June 30 1952, five members; from the area em- 
braced in Salley School District No. 7 on June 30 1952, four members ; from the 
area embraced in Wagener School District No. 8 on June 30 1952, seven members; 
and from the area embraced in Windsor School District No. 9 on June 30 1952, 
three members. 

1952 (47) 1924. 
§ 65-1809.1. Darlington County. 

The Darlington County board of advisors shall appoint a board of tax assessors 
for each school attendance area in the countv. Each board of assessors shall consist 



§ 65-1809.1 1952 Supplement 240 

of as many members as the board of advisors may determine, and the members 
thereof shall serve at the pleasure of the board. Vacancies, if filled, shall be filled 
in the same manner as original appointments. Each board shall meet within two 
weeks after its appointment and shall organize by electing one of the members as 
chairman. Each board shall have the powers and duties of tax assessors generally. 
1952 (47) 2024. 

§ 65-1828. Berkeley County board of assessors. 

The board of tax assessors for Berkeley County shall be composed of one mem- 
ber from each of the following areas which shall constitute tax assessment areas 
or districts for Berkeley County : one from St. Thomas and St. Dennis which 
constitute old School Districts Nos. 1 and lj£; one from St. James Santee which 
constitute old School Districts Nos. 2 and 2 l / 2 ; one from 2nd St. Stephens which 
constitute old School Districts Nos. Z l / 2 , 4, A l / 2 , 5 and 5j^; one from 1st St. 
Stephens which constitute old School Districts Nos. 6 and 7; one from 1st St. 
Johns which constitute old School Districts Nos. 8, 9 and 10; one from 2nd St. 
Johns which constitute old School Districts Nos. 11, 12, 13, 14 and 15; one from 
1st Goose Creek which constitute old School Districts Nos. 16, 17 and 19; one 
from 2nd Goose Creek which constitute old School Districts Nos. 22, 23, 24 and 
25 and one from Hanahan which constitutes old School District No. 26. The mem- 
bers shall be appointed by the Governor upon the recommendation of a majority 
of the county legislative delegation. The members of the board shall hold office for 
a term of two years from the date of their respective appointments. Any vacancy 
occurring on the board shall be filled for the unexpired term in the manner herein 
provided for the full term. 

1952 (47) 2029. 
§ 65-1832. County board of tax assessors for Marlboro County. 

In Marlboro County the duties relative to the valuation, assessment and return 
of properties for taxation are devolved upon a board to be known as the county 
board of tax assessors, which shall be composed of five members, all of whom 
shall be qualified electors, as follows : one member from each of the school ad- 
ministrative areas in the county and, if there should be less than five such school 
administrative areas, there shall be one member from each of such areas and the 
remainder from the county at large. The board of tax assessors shall be appointed 
by the Governor upon recommendation of a majority of the county legislative 
delegation, including the Senator, and shall serve for a term of four years. 

1952 (47) 1943. 
§ 65-1836. Horry County board of assessors. 

In Horry County the duties relative to the valuation, assessment and return of 
properties for taxation are devolved upon a board to be known as the county 
board of tax assessors, which shall be composed of twelve members as follows : 
one member from each township in the county and one additional member from 
the county at large. The board shall be appointed by the county auditor and shall 
serve for a term of four years. 

1952 (47) 2153. 
§ 65-1837. Same; executive secretary; assistant assessors. 

The board shall appoint an executive secretary whose term of office shall be four 
years beginning March 23 1952. He shall also be the deputy auditor and shall have 



241 Code of Laws of South Carolina, 1952 § 65-1865.2 

other powers and duties as prescribed by the board. The records of the county 
board of assessors and of its secretary shall constitute a part of the auditor's 
records. The board shall appoint assistant tax assessors in the number and for 
the length of service as is provided in the annual supply act. The expenses of 
the board, the executive secretary and the assistant tax assessors shall be such as 
are provided in the annual supply act for Horry County. 
19S2 (47) 2153. 

Article 9.1 

Boards of Assessors and Equalisation in McCormick and Saluda Counties- 

§ 65-1857.1. Appointment; term. 

The auditor, treasurer and superintendent of education of McCormick County 
and the auditor, treasurer and foreman of the grand jury of Saluda County shall 
appoint and name a county board of assessors and equalization to consist of ten 
taxpayers from their respective counties and who shall serve for one year and 
shall be appointed during the month of March of each year. The board shall be 
selected so that each section of the county shall have representation thereon. 

1952 (47) 1714, 2004. 

§ 65-1857.2. Pay. 

Each member of the board shall receive the sum of fifty dollars per year for 
his services rendered in the capacity of tax assessor for the county. 

1952 (47) 1714, 2004. 
§ 65-1857.3. Oath. 

Before assuming their duties as members of the board, each member shall take an 
oath that he will fairly and impartially assess and equalize property values for 
the purpose of taxation, which said oath shall be filed in the office of the clerk of 
court for the county. 

1952 (47) 1714, 2004. 
§ 65-1857.4. Duties. 

The board shall also look after the valuation, assessment and return of property 
for taxation in the county. The board shall fairly and justly equalize all of the 
property of the county for taxes as provided under the general law of this State 
and make every effort to see that all property is properly assessed for the purpose 
of taxation. 

1952 (47) 1714, 2004. 

Article 10 

County Boards oj Equalisation and Similar Boards. 

§ 65-1865.1. Darlington County. 

The chairmen of the four area boards of tax assessors of Darlington County, 
together with another person who shall be elected by the four area chairmen, shall 
constitute the board of tax equalization for Darlington County. The member elected 
by the four area chairmen shall serve as chairman of the board of ^equalization. 
The board of equalization shall serve as an appeal board to hear and determine 
appeals from the assessments of property in the county. 

1952 (47) 2024. 
§ 65-1865.2. District boards for Florence County. 

There is hereby established in each of the four school districts of Florence County 
a district board of equalization. Each board shall consist of fifteen members who 



§ 65-1865.2 1952 Supplement 242 

shall be appointed by the Governor for terms of four years upon the recommenda- 
tion of a majority of the county legislative delegation, including the Senator. Each 
board shall elect a chairman and a secretary and the boards shall meet at the times 
and places designated by the county auditor. Such boards shall be in addition to 
the equalization boards for the city of Florence and the town of Lake City as pro- 
vided for in § 65-1867. 
1952 (47) 1901. 

§ 65-1865.3. Florence County board of equalization. 

There is hereby established a board of equalization for Florence County which 
shall be composed of the chairmen of the four district boards of equalization to- 
gether with the chairman of the city of Florence equalization board and the chair- 
man of the Lake City equalization board. Such board shall hear appeals from the 
district boards and may modify, reverse or alter assessments by the district boards. 
1952 (47) 1901. 

CHAPTER 19. 
Erroneous Assessments and Payments. 

Article 2. 
Payment Under Protest and Recovery. 
§ 65-2661. Payment of tax under protest. 

Cited. Jenkins v. S. C. Tax Commission, Wilson v. S. C. Tax Commission, 220 S. C. 
219 S. C. 260; 64 S. E. (2d) 883, (1951); 171; 66 S. E. (2d) 698, (1951). 

CHAPTER 23. 
Local Provisions. 

Article 5.1. 
Sullivan's Island, Charleston County. 
§ 65-3416.1. Tax levy. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2033 and 2034 make up this section. 

§ 65-3416.2. Levy and collecion. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2033 and 2034 make up this section. 

§ 65-3416.3. Use of receipts. 

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2033 and 2034 make up this section. 

Title 66. 
Trade and Commerce. 

Chapter 4. Labels, Trademarks, Etc., § 66-201. 

6. Gasoline, Liquefied Petroleum Gas, Lubricating Oils, Etc., § 66-431. 

CHAPTER 4. 

Labels, Trademarks, Etc. 
Article 1. Article 4. 

Generally, § 66-201. Registration and Protection of Trade- 

marks, § 66-251. 



243 Code of Laws of South Carolina, 1952 § 66-251 

Article 1. 
Generally. 

§ 66-201. Unlawful to imitate or counterfeit labels, etc. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66.202. Labels, etc., to be recorded with Secretary of State. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-203. Advertisement and certificate of Secretary of State. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-204. Secretary not to record misleading label, etc. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-206. Fraudulent registration of labels, etc. ; liability for damages. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-207. Penalty for use of counterfeit or imitation label. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-208. Unlawful use of labels, etc., may be enjoined. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-209. Unlawful use of seal. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1S45 to 1853. 

§ 66-210, Defense of prior ownership. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-211. Suits by unincorporated associations. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-212. Jurisdiction of courts. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

§ 66-213. Certain sections not to affect previously granted trademarks. 

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853. 

Article 4. 
Registration and Protection of Trade-marks. 

§ 66-251. Definitions. 

( 1 ) The term "trade-mark" as used herein means any word, name, symbol, 
or device or any combination thereof adopted and used by a person to identify 
goods made or sold by him and to distinguish them from goods made or sold by 
others. 

(2) The term "person" as used herein means any individual, firm, partner- 
ship, corporation, association, union or other organization. 

(3) The term "applicant" as used herein embraces the person filing an applica- 
tion reregistration of a trade-mark under this article, his legal representatives, suc- 
cessors or assigns. 

(4) The term "registrant" as used herein embraces the person to whom the 
registration of a trade-mark under this article is issued, his legal representatives, 
successors or assigns. 

(5) For the purposes of this article, a trade-mark shall be deemed to be "used" 
in this State when it is placed in any manner on the goods or their containers or 



§ 66-251 1952 Supplement 244 

on the tags or labels affixed thereto and such goods are sold or otherwise dis- 
tributed in this State. 
1952 (47) 1S4S. 

§ 66-252. Classes of goods. 

The following general classes of goods are established for convenience of ad- 
ministration of this article, but not to limit or extend the applicant's or registrant's 
rights, to wit : 

( 1 ) Raw or partly prepared materials 

(2) Receptacles 

(3) Baggage, animal equipments, portfolio, and pocketbooks 

(4) Abrasives and polishing materials 

(5) Adhesives 

(6) Chemicals and chemical compositions 

(7) Cordage 

(8) Smokers' articles, not including tobacco products 

(9) Explosives, firearms, equipments, and projectiles 

(10) Fertilizers 

(11) Inks and inking materials 

(12) Construction materials 

(13) Hardware and plumbing and steam-fitting supplies 

(14) Metals and metal castings and forgings 

(15) Oils and greases 

(16) Paints and painters' materials 

(17) Tobacco products 

(18) Medicines and pharmaceutical preparations 

(19) Vehicles 

(20) Linoleum and oiled cloth 

(21) Electrical apparatus, machines, and supplies 

(22) Games, toys and sporting goods 

(23) Cutlery, machinery, and tools, and parts thereof 

(24) Laundry appliances and machines 

(25) Locks and safes 

(26) Measuring and scientific appliances 

(27) Horological instruments 

(28) Jewelry and precious metalware 

(29) Brooms, brushes, and dusters 

(30) Crockery, earthenware, and porcelain 

(31 ) Filters and refrigerators 

(32) Furniture and upholstery 

(33) Glassware 

(34) Heating, lighting, and ventilating apparatus 

(35) Belting, hose, machinery packing, and non-metallic tires 

(36) Musical instruments and supplies 

(37) Paper and stationery 

(38) Prints and publications 

(39) Clothing 

(40) Fancy goods, furnishings, and notions 



245 Code of Laws of South Carolina, 1952 § 66-255 

(41) Canes, parasols, and umbrellas 

(42) Knitted, netted and textile fabrics, and substitutes therefor 

(43) Thread and yarn 

(44) Dental, medical, and surgical appliances 

(45) Soft drinks and carbonated waters 

(46) Foods and ingredients of foods 

(47) Wines 

(48) Malt beverages and liquors 

(49) Distilled alcoholic liquors 

(50) Merchandise not otherwise classified 

(51) Cosmetics and toilet preparations 

(52) Detergents and soaps 
1952 (47) 1845. 

§ 66-253. Application for registration; specimen. 

Subject to the limitations set forth in this article, any person who adopts and 
uses a trade-mark in this State may file in the office of the Secretary of State, 
on a form to be furnished by the Secretary of State, an application for registration 
of that trade-mark setting forth, but not limited to, the following information : 

( 1 ) the name and business address of the person applying for such registration • 
and, if a corporation, the state of incorporation, 

(2) the goods in connection with which the mark is used and the mode or 
manner in which the mark is used in connection with such goods and the class 
in which such goods fall, 

(3) the date when the trade-mark was first used anywhere and the date when 
it was first used in this State by the applicant or his predecessor in business, and 

(4) a statement that the applicant is the owner of the trade-mark and that no 
other person has the right to use such trade-mark in this State either in the 
identical form thereof or in such near resemblance thereto as might be calculated 
to deceive or to be mistaken therefor, 

(5) a statement that no other person has a registration of the same or a similar 
trade-mark in the United States patent office for the same or similar goods or 
a statement that applicant is the owner of a concurrent registration in the United 
States patent office of his trade-mark covering an area including this State. 

The application shall (a) be signed and verified by the applicant or by a mem- 
ber of the firm or an officer of the corporation or association applying, (b) ac- 
companied by a specimen or facsimile of such trade-mark in triplicate and (c) 
accompanied by a filing fee of fifteen dollars payable to the Secretary of State. 

1952 (47) 1845. 
§ 66-254. Same ; single application confined to goods in one class. 

A single application for registration of a trade-mark may include any or all 
goods upon which the trade-mark is actually being used, comprised in a single 
class, but in no event shall a single application include goods upon which the 
trade-mark is being used which fall within different classes of goods. 

1952 (47) 1845. 

§ 66-255. Issuance of certificate of registration. 

Upon compliance by the applicant with the requirements of this article the 
Secretarv of State shall cause a certificate of registration to be issued and delivered 



§ 66-255 1952 Supplement 246 

to the applicant. The certificate of registration shall be issued under the signature 
of the Secretary of State and the seal of the State, and it shall show the name and 
business address and, if a corporation, the state of incorporation, of the person 
claiming ownership of the trade-mark, the date claimed for the first use of the 
trade-mark anywhere and the date claimed for the first use of the trade-mark in 
this State, the class of goods and a description of the goods on which the trade- 
mark is used, a reproduction of the trade-mark, the registration date and the term 
of the registration. 
1952 (47) 1845. 

§ 66-256. Term of registration; renewals. 

Registration of a trade-mark hereunder shall be effective for a term of ten 
years from the date of registration and, upon application filed within six months 
prior to the expiration of such term, on a form to be furnished by the Secretary 
of State, the registration may be renewed for a like term. A renewal fee of five 
dollars payable to the Secretary of State shall accompany the application for 
renewal of the registration. A registration may be renewed for successive periods of 
ten years in like manner. 

1952 (47) 1845. 

§ 66-257. Expiration of current registrations; renewal. 

Any registration in force on February 14 1952 shall expire ten years from the 
date of the registration or of the last renewal thereof or one year after February 
14 1952, whichever is later, and may be renewed by filing an application with the 
Secretary of State on a form furnished by him and paying the aforementioned 
renewal fee therefor within six months prior to the expiration of the registration. 

1952 (47) 1845. 

§ 66-258. Secretary of State give notice of necessity of renewal. 

The Secretary of State shall notify registrants of trade-marks hereunder of the 
necessity of renewal within the year next preceding the expiration of the ten 
years from the date of registration by writing to the last known address of the 
registrants. 

1952 (47) 1845. 

§ 66-259. Cancellation. 

The Secretary of State shall cancel from the register : 

(1 ) after one year from February 14 1952, all registrations under prior statutes 
which are more than ten years old and not renewed in accordance with this article ; 

(2) any registration concerning which the Secretary of State shall receive a 
voluntary request for cancellation thereof from the registrant or the assignee of 
record ; 

(3) all registrations granted under this article and not renewed in accordance 
with the provisions hereof; 

(4) any registration concerning which a court of competent jurisdiction shall 
find 

(a) that the registered trade-mark has been abandoned, 

(b) that the registrant is not the owner of the trade-mark, 

(c) that the registration was granted improperly, 

(d ) that the registration was obtained fraudulently, 



247 Code of Laws of South Carolina, 1952 § 66-261 

(e) that the registered trade-mark is so similar, as to be likely to cause con- 
fusion or mistake or to deceive, to a trade-mark registered by another person 
in the United States patent office, prior to the date of the filing of the application 
for registration by the registrant hereunder, and not abandoned ; provided, how- 
ever, that should the registrant prove that he is the owner of a concurrent 
registration of his trade-mark in the United States patent office covering in area 
including this State, the registration hereunder shall not be cancelled. 

(5) when a court of competent jurisdiction shall order cancellation of a registra- 
tion on any ground. 

1952 (47) 184S. 

§ 66-260. Assignment of registered trade-marks ; fee. 

Any trade-mark and its registration hereunder shall be assignable with the 
good will of the business in which the trade-mark is used, or with that part of 
the good will of the business connected with the use of and symbolized by the 
trade-mark. Assignment shall be by instruments in writing duly executed and 
may be recorded with the Secretary of State upon the payment of a fee of three 
dollars payable to the Secretary of State who, upon recording of the assignment, 
shall issue in the name of the assignee a new certificate for the remainder of 
the term of the registration or of the last renewal thereof. An assignment of any 
registration under this article shall be void as against any subsequent purchaser for 
valuable consideration without notice unless it is recorded with the Secretary of 
State within three months after the date thereof or prior to such subsequent pur- 
chase. 

1952 (47) 1845. 

§ 66-261. Trade-marks not register. 

A trade-mark by which the goods of any applicant for registration may be 
distinguished from the goods of others shall not be registered if it 

(1) consists of or comprises immoral, deceptive or scandalous matter; 

(2) consists of or comprises matter which may disparage or falsely suggest 
a connection with persons, living or dead, institutions, beliefs, or national symbols, 
or bring them into contempt, or disrepute ; 

(3) consists of or comprises the flag or coat of arms or other insignia of the 
United States, or of any state or municipality, or of any foreign nation, or any 
simulation thereof ; 

(4) consists of or comprises the name, signature or portrait of any living in- 
dividual, except with his written consent ; 

(5) consists of a mark which, (a) when applied to the goods of the applicant, 
is merely descriptive or deceptively misdescriptive of them, (b) when applied to the 
goods of the applicant is primarily geographically descriptive or deceptively mis- 
descriptive of them, or (c) is primarily merely a surname; 

(6) consists of or comprises a trade-mark which so resembles a trade-mark 
registered in this State or a trade-mark or trade name previously used in this 
State by another and not abandoned, as to be likely, when applied to the goods 
of the applicant, to cause confusion or mistake or to deceive ; or 

(7) consists of or comprises a trade-mark which so resembles a trade-mark 
registered in the United States patent office by another and not abandoned, as 
to be likely, when applied to the goods of the applicant, to cause confusion or 



§ 66-261 1952 Supplement 248 

mistake or to deceive, provided, however, that should applicant prove that he is 
the owner of a concurrent registration in the United States patent office of his 
trade-mark covering an area including this State, applicant may register his trade- 
mark hereunder. 

1952 (47) 1845. 
§ 66-262. Civil liability for fraudulent registration. 

Any person who shall for himself, or on behalf of any other person, procure 
the filing or registration of any trade-mark in the office of the Secretary of State 
under the provisions hereof, by knowingly making any false or fraudulent repre- 
sentation or declaration, verbally or in writing, or by any other fraudulent means, 
shall be liable to pay all damages sustained in consequence of such filing or registra- 
tion, to be recovered by or on behalf of the party injured thereby in any court of 
competent jurisdiction. 

1952 (47) 1845. 
§ 66-263. Civil liability for certain uses or imitation of registered trade-mark. 

Subject to the provisions of § 66-266 any person who shall 

( 1 ) use, without the consent of the registrant, any reproduction, counterfeit, 
copy, or colorable imitation of a trade-mark registered under this act in con- 
nection with the sale, offering for sale, or advertising of any goods on or in 
connection with which such use is likely to cause confusion or mistake or to 
deceive as to the source of origin of such goods ; or 

(2) reproduce, counterfeit, copy or colorably imitate any such trade-mark and 
apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, 
prints, packages, wrappers, receptacles, or advertisements intended to be used 
upon or in conjunction with the sale or other distribution in this State of such 



shall be liable to a civil action by the owner of such registered trade-mark for 
any or all of the remedies provided in § 66-265, except that under subdivision (2) 
hereof the registrant shall not be entitled to recover profits or damages unless 
the acts have been committed with knowledge that such trade-mark is intended to 
be used to cause confusion or mistake or to deceive. 
1952 (47) 1845. 

§ 66-264. Records public. 

The Secretary of State shall keep for public examination a record of all trade- 
marks registered or renewed under this article. 

1952 (47) 1S45. 

§ 66-235. Owner may enjoin manufacture, use, display or sale of imitations ; 
allow profits and damages. 
Any owner of a trade-mark registered under this article may proceed by suit to 
enjoin the manufacture, use. display or sale of any counterfeits or imitations thereof 
and any court of competent jurisdiction may grant injunctions to restrain such 
manufacture, use, display or sale as may be by the court deemed just and reasonable, 
and may require the defendants to pay to such owner all profits derived therefrom 
and all damages suffered by reason of such wrongful manufacture, use, display 
or sale ; and such court may also order that any such countefeits or imitations in 
the possession or under the control of any defendant in such case, be delivered 
to an officer of the court, or to the complainant, to be destroyed. 



249 Code of Laws of South Carolina, 1952 § 66-434 

The enumeration of any right or remedy herein shall not affect a registrant's 
right to prosecute under any penal law of this State. 
1952 (47) 1945. 

§ 66-266. Rights acquired in trade-marks at common law. 

Nothing herein shall adversely affect the rights or the enforcement of rights in 
trade-marks acquired in good faith at any time at common law. 
1952 (47) 1845. 

CHAPTER 6. 

Gasoline, Liquefied Petroleum Gas, Lubricating Oils, Etc. 

Article 2. 
Liquefied Petroleum Gas. 

§ 66-431. Liquefied petroleum gas defined. 

The term "liquefied petroleum gas," as used in this article, shall mean and 
include any material which is composed predominantly of any of the following 
hydrocarbons, or mixtures of the same : propane, propylene, butanes (normal butane 
or isobutane), and butylenes. 

1952 (47) 1945. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949. 

§ 66-432. Regulations for equipment for storing, handling, transporting and 
utilizing and specifying odorization. 

The Insurance Commissioner shall make, promulgate and enforce regulations 
setting forth minimum general standards covering the design, construction, loca- 
tion, installation and operation of equipment for storing, handling, transporting by 
tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the 
odorization of the gases and the degree thereof. The regulations shall be such 
as are reasonably necessary for the protection of the health, welfare and safety of 
the public and persons using such materials, and shall be in substantial conformity 
with the generally accepted standards of safety concerning the subject matter. 
The regulations shall be adopted by the Insurance Commissioner only after a public 
hearing. A copy of all rules and regulations made and promulgated by the In- 
surance Commissioner shall be filed with the Secretary of State. 

1952 (47) 1945. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949. 

§ 66-433. Minimum requirements for public safety. 

The current edition and any amendments which may be made to the National 
Board of Fire Underwriters' pamphlet No. 58, shall be followed in its entirety 
as to the minimum requirements for public safety pertaining to any of the subject 
matter covered by this article. A copy of the pamphlet, with any amendments, shall 
be filed in the office of the Secretary of State and shall be open to public inspection. 

1952 (47) 1945. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949. 

§ 66-434. Liquefied Petroleum Gas Board. 

There is hereby created the liquefied petroleum gas board which shall be com- 
posed of three members : one of whom shall be the Insurance Commissioner, ex 
officio, who shall serve as chairman, one shall be a member of the State Firemen's 
Association who shall be appointed by the president of the association for a term 
of one year, and the third member shall be a licensed liquefied gas dealer who shall 



§ 66-434 1952 Supplement 250 

be appointed by the president of the South Carolina Liquefied Petroleum Gas 
Association for a term of one year. 

1952 (47) 1945. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949. 

§ 66-435. License manufacture, sell, transport, install or service; use of re- 
ceipts. 

All persons engaged in the manufacture, distribution, sale, storage or transport- 
ing by tank truck or tank trailer or in cylinder liquefied petroleum gases, or engaged 
in the physical installation, servicing, repairing, adjusting or connecting of appliances 
to liquefied petroleum gas systems shall make application to the Board to obtain 
a license to do business in this State. The Board may revoke the license when it is 
found that any person engaging in this business has violated the provisions of this 
article. The license fee shall be one hundred dollars annually for each dealer and 
in addition thereto each branch or sub-dealer shall pay a license fee of twenty-five 
dollars. All monies derived from these licenses shall be used for the administration 
of this article. The Commissioner shall keep a separate account of all monies re- 
ceived and disbursed under the provisions of this section and shall include the ac- 
counting in his annual report. 

1952 (47) 1945. 

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949. 

§ 66-436. Licensee provide insurance ; lien of judgment. 

All persons engaged in any of the activities mentioned in § 66-435 shall, as 
a prerequisite to obtaining a license, furnish the Board evidence of having and 
keeping in force at all times insurance coverage with an insurance company licensed 
to do business in this State. The insurance shall cover liability against damage 
from automobiles, employers' liability, manufacturers' or contractors' public liabil- 
ity, manufacturers' or contractors' property damage, products' property and liability 
damage and shall be in such amounts as the Board may direct, not exceeding ten 
thousand dollars for any single liability. In lieu of insurance an applicant for a 
license may furnish satisfactory financial responsibility to provide for the above 
liabilities, or furnish a bond of a licensed surety company, which shall be ap- 
proved as to form and sufficiency by the Attorney General, in the amount of 
twenty thousand dollars. The bond shall be conditioned to pay any final judgment 
entered against the licensee in a court of competent jurisdiction in this State, and 
to pay any liability arising during the term of the bond. Any judgment obtained 
shall be a lien upon the bond. 

1952 (47) 1945. 

Former section repealed by 1952 A. & J. R. (47 St at L.) pp 1945 to 1949. 

§ 66-436.1. Insurer certify to board of coverage. 

Where insurance is procured or a bond secured, the company writing the insur- 
ance or bond, shall certify to the Board that it has issued coverage in accordance 
with § 66-436. No license shall be renewed to any dealer who does not furnish the 
Board evidence that such coverage has been obtained for the year for which the 
license is issued. 

1952 (47) 1945. 
§ 66-437. Not ground electrical apparatus to appliance or system. 

Electrical circuits or electrical appliances, such as radios, telephones or any 
other electrical apparatus, shall not be grounded to any liquefied petroleum gas 



251 Code of Laws of South Carolina, 1952 § 66-439 

system or appliance. Any dealer or his agent finding a violation of this section 
shall request the owner of the property to remove the ground. Should the owner 
fail to comply with this request the dealer or his agent shall immediately report 
this fact to the Insurance Commissioner. 

1952 (47) 1945. 

§ 66-437.1. Pilot required for heating appliance in public place. 

All heating appliances installed for use in any hotel, tourist home, school, church, 
theater, auditorium, institutional building, hospital, nursing home, convalescent 
home, or any place of public assembly or rest shall be equipped with a pilot having 
a one hundred per cent safety cut-off valve of an automatic operating type. The 
pilot safety value shall have positive control of the flow of gas to the appliance 
burners in public places for sleeping purposes. 

1952 (47) 1945. 

§ 66-438. Inspection of vehicles transporting ; certificate of proper condition. 

Any vehicle transporting liquefied petroleum gases shall be fully inspected and 
the operator or owner shall obtain from the Insurance 1 Commissioner a certificate 
showing that the vehicle is in proper condition to transport such material. The 
certificate shall be displayed upon the windshield of the vehicle in question. The 
certificate shall be renewed annually, and may be required to be renewed quarterly, 
if deemed necessary for the public safety. There shall be no fee or charge for the 
issuance of the certificate. 

1952 (47) 1945. 

§ 66-438.1. Inspection of premises. 

The Insurance Commissioner or his inspectors shall be permitted to enter upon 
the premises, during reasonable business hours, of any person engaged in the 
liquefied petroleum gas industry in any of its phases to inspect any properties or 
installations that relate in any way to the safe and proper operation of the business. 

1952 (47) 1945. 

§ 66-438.2. Investigations ; penalty for failure to correct hazardous condition. 

The Commissioner or his deputy appointed to conduct and supervise the business 
of liquefied gas may make such investigations and examinations as they may deem 
necessary for the public safety. When a condition is found that is hazardous to the 
public safety, the Commissioner or his deputy shall order it to be removed or 
corrected. The order shall be in writing and served by registered mail. If the 
condition is not corrected within ten days, the Commissioner shall impose a fine 
of fifty dollars for each day's neglect. 

1952 (47) 1945. 

§ 66-439. Report fires and explosions. 

All owners, managers, or operators of all vehicles or equipment, covered under 
this article, shall within twenty-four hours thereafter make a report to the Insurance 
Commissioner of all fires and explosions, in connection with such equipment, of 
accidental or incendiary origin of which they have knowledge, with as complete 
detail as possible, together with such evidence as they have obtained after investi- 
gation. 

1952 (47) 1945. 



§ 66-439.1 1952 Supplement 252 

§ 66-439.1. Exemption. 

The provisions of this article shall not apply to liquefied petroleum gases used 
as a by-product in the manufacture of any product. 
1952 (47) 1945. 

§ 66-439.2. Penalties. 

Any person violating any of the provisions of this article, or any of the rules 
and regulations made and promulgated by the Insurance Commissioner under the 
provisions thereof, when a copy of same shall have been filed with the Secretary 
of State, as above provided, shall be guilty of a misdemeanor and, upon conviction, 
be sentenced by a fine of not more than one hundred dollars or imprisonment of 
not more than thirty days. 

1952 (47) 1945. 

Title 67. 

Trusts and Fiduciaries. 

Chapter 2. Trustees, § 67-56. 

3. Fiduciaries Generally, § 67-58. 

CHAPTER 2. 
Trustees. 

§ 67-56. Citation of trustee removing beyond State. 

When any trustee changes his domicile to a place beyond the limits of this 
State or has been absent from the State for ten consecutive months then last past, 
and such change or absence is made to appear to the satisfaction of the judge of 
probate of the county wherein the appointment was made, such judge of probate 
shall cite such trustee, to account in person before him on a day named in the 
citation, which shall not be less than sixty days from the date thereof. Such citation 
shall be served upon such absent trustee by publication forthwith once a week 
for four weeks in the newspaper in which the judge of probate publishes his 
official advertisements and a copy shall be mailed to such absent trustee at his 
place of residence, if it is known or can with reasonable diligence be ascertained. 

1952 Code, § 67-56. 

CHAPTER 2. 
Fiduciaries Generally. 

§ 67-58. Investments by fiduciaries, etc. 

Trust funds in the hands of any trustee, guardian, committee, executor, ad- 
ministrator or other fiduciary may be invested by r such fiduciary in such securities 
or property as may be authorized by the will, deed, order, decree, gift, grant or 
other instrument creating or fixing the trust and, when not otherwise provided 
in such instrument, may be deposited in whole or in part at current savings bank 
interest rates in any bank which is a member of the Federal Deposit Insurance 
Corporation or in any Federal Savings and Loan Association or may be invested 
in whole or in part in all or any of the following : bonds or notes of the United 
States, Federal Farm Loan Bonds issued pursuant to an act of Congress known 
as the Federal Farm Loan Act, and acts amendatory thereof and supplementary 
thereto, bonds issued by Federal Farm Mortgage Corporations pursuant to an 
act of Congress known as the Federal Farm Mortgage Corporation Act, Federal 



253 Code of Laws of South Carolina, 1952 § 68-19 

Intermediate Credit Bank debentures issued pursuant to the Federal Farm Loan 
Act as amended, debentures issued by Central Bank for Cooperatives organized 
under the Farm Credit Act of 1933, bonds or obligations of any state of the 
United States, bonds or obligations of any political subdivisions or municipal cor- 
poration of any such state, bonds or obligations secured by first mortgage on real 
estate in any state of the United States, preferred or common stock of any cor- 
poration, shares of any management type investment company or investment 
trust which is registered under the Federal Investment Company Act of 1940 as 
from time to time amended and shares of any building and loan association organ- 
ized and existing under the laws of this State when such shares are insured by 
the Federal Savings and Loan Insurance Corporation. 

1952 (47) 1894. 

The above provisions replace the first paragraph of this section. The remainder of the 
section is unchanged. 

Title 68. 
Unemployment Compensation. 

Chapter 1. General Provisions, § 68-7. 

3. Benefits, § 68-108. 

4. Claims for Benefits, § 68-155. 

5. Employer's Coverage, § 68-252. 

CHAPTER 1. 

General Provisions. 
§ 68-7. Benefit year. 

"Benefit year" with respect to any individual means the one year period beginning 
with the first day of the first week with respect to which the individual first files 
a valid claim for benefits and thereafter the one year period beginning with the 
first day of the first week with respect to which the individual next files a valid 
claim for benefits after the termination of his last preceding benefit year. Any 
claim for benefits made in accordance with § 68-151 shall be deemed to be a valid 
claim for the purpose of this section if the individual has been paid the wages for 
insured work required under item (5) of § 68-113. 

1952 (47) 1977. 

§ 68-19. Wages. 

"Wages" means all remuneration paid for personal service, including commis- 
sions and bonuses and the cash value of all remuneration paid in any medium other 
than cash. The reasonable cash value of remuneration paid in any medium other 
than cash shall be estimated and determined in accordance with rules prescribed 
by the Commission. But the term "zvages" shall not include : 

( 1 ) That part of remuneration which, after remuneration equal to three thou- 
sand dollars has been paid to an individual by an employer with respect to em- 
ployment during any calendar year, is paid to such individual by such employer 
with respect to employment during such calendar year nor remuneration with 
respect to employment paid to an individual in a calendar year by an employer in 
this State which, when added to remuneration with respect to employment paid to 
the same individual by the same employer in the same calendar year in another state 
or states exceeds the sum of three thousand dollars if the employer has paid contri- 



§ 6S-19 1952 Supplement 254 

butions to such other state or states on the wages paid therein to such individual 
during the applicable calendar year. If an employer (hereinafter referred to as the 
successor employer) during any calendar year acquires substantially all the prop- 
erty used in a trade or business of another employer (hereinafter referred to as the 
predecessor employer), or used in a separate unit of a trade or business of a prede- 
cessor, and immediately after the acquisition employs in his trade or business an 
individual who immediately prior to the acquisition was employed in the trade or 
business of such predecessor, then, for the purpose of determining whether the 
successor employer has paid remuneration with respect to employment equal to 
three thousand dollars to such individual during such calendar year, any remunera- 
tion with respect to employment paid to such individual by such predecessor during 
such calendar year and prior to such acquisition shall be considered as having been 
paid by such successor employer. 

(2) The amount of any payment with respect to services performed on be- 
half of an individual in its employ under a plan or system established by an em- 
ploying unit which makes provision for individuals in its employ generally or for a 
class or classes of such individuals (including any amount paid by an employing 
unit for insurance or annuities or into a fund to provide for any such payment), 
on account of (a) retirement, (b) sickness or accident disability, (c) medical and 
hospitalization expenses in connection with sickness or accident disability or (d) 
death, provided the individual is in its employ (i) has not the option to receive, 
instead of provisions for such death benefits, any part of such payment or, if 
such death benefit is insured, any part of the premiums (or contributions to 
premiums) paid by his employing unit and (ii) has not the right, under the pro- 
visions of the plan, system or policy of insurance providing for such death benefit, 
to assign such benefit or receive a cash consideration in lieu of such benefit either 
upon his withdrawal from the plan or system providing for such benefit or upon 
termination of such plan, system or policy of insurance or of his services with 
such employing unit; 

(3) The payment by an employing unit (without deduction from the remunera- 
tion of the individual in its employ) of the tax imposed upon an individual in its 
employ under Section 1400 of the Federal Internal Revenue Code; 

(4) Dismissal payments which the employing unit is not legally required to 
make ; or 

(5) Amounts received from this State or the Federal Government by members 
of the South Carolina National Guard, the United States Naval Reserve, the Officers 
Reserve Corps, the Enlisted Reserve Corps, and the Reserve Corps of Marines 
as drill pay, including longevity pay and allowances. 

1952 (47) 1887. 

§ 68-34. Stamp plan. 

Repealed by 1952 A. & J. R. (47 St. at L.) p 1886. 

§ 68-36. Declaration of State public policy. 

The subsequent provisions in this title as tion set out in this section. Stone Mfg. Co. 

to eligibility or ineligibility for compensa- v. S. C. Em. Security Commission, 219 S. 

tion must all be read and construed as sub- C. 239, 64 S. E. (2d) 644, (1951). 
jrrt to the basic and fundamental declara- 



255 Code of Laws of South Carolina, 1952 § 68-175.1 

CHAPTER 3. 
Benefits. 

§ 68-108. Amount individuals entitled to during benefit year. 

Any otherwise eligible individual shall be entitled during any benefit year to the 
amount appearing in column D of the table in § 68-104 on the line on which, in 
column B of that table, appears his weekly benefit amount, but no otherwise 
eligible individual who shall have received maximum total benefits in a pre- 
ceding benefit year shall be eligible to receive benefits in a succeeding benefit 
year unless or until such otherwise eligible individual, subsequent to the filing 
of the initial claim in such preceding benefit year, shall have earned wages in 
the employ of a liable employer equal to at least eight times the weekly benefit 
amount established for such individual in the preceding benefit year. 

1952 (47) 1936. 

§ 68-114. Disqualification for benefits. 

The words "good cause" as used in the claimant's employment. Stone Mfg. Co. v. 
context contemplate, ordinarily at least, a S. C. Em. Security Comm. 219 S. C. 239; 
cause attributable to or connected with 64 S. E. (2d) 644, (1951). 

CHAPTER 4. 

Claims for Benefits. 

Article 1. Article 3. 

Allowance of Claims, § 68-155. Payment and Collection of Contributions, 

Article 2. § 68-210.1. 

Rates of Contributions, § 68-175.1. 

Article 1. 
Allowance of Claims. 
§ 68-155. Appeal from initial determination. 

The claimant or any other interested party may file an appeal from any such 
initial determination within five days after notification thereof, but not later than 
seven days after the date such notification was mailed to his last known address. 
The term "any other interested party" shall include the last employer or employing 
unit, whether subject to this Title or not and whether benefits may be charged 
to its account or not, and the last covered employer or any employing unit 
whose account may be charged with benefits. No benefit shall be paid until the 
period for appeal has elapsed. If an appeal is duly filed with respect to a matter 
other than the weekly benefit amount or maximum amount of benefits payable, 
benefits with respect to the period prior to the final decision of the Commission 
shall be paid only after such decision, but if an appeal tribunal affirms an initial 
determination allowing benefits such benefits shall be paid regardless of any appeal 
which may thereafter be taken. 
1952 (47) 1884. 

Article 2. 

Rates of Contributions. 

§ 68-175.1. Account, experience and reserve ratio when business closed due 

to entry of personnel into armed forces. 

If the Commission finds that an employer ceased to render employment solely 

due to the closing of the business because of the entrance of one or more of the 



§ 68-175.1 1952 Supplement 256 

owners, officers, partners, or the majority stockholders into the armed forces of 
the United States, or any of its allies, or of the United Nations, sucli employer's 
account shall not be terminated ; and, if the business is resumed and employment 
rendered within two years after the discharge or release from active duty in the 
armed forces of such person or persons, the employer's experience shall be deemed 
to have been continuous throughout such period. The reserve ratio of any such 
employer shall be the total contributions paid by such employer minus all benefits, 
including benefits paid to any individual during the period such employer was in 
the armed forces, charged against such employer's account, divided by the average 
of his annual payrolls for the three most recent fiscal years during the whole of 
which, respectively, such employer has been in business and has rendered employ- 
ment. This provision shall not be construed to authorize cash refunds and any 
adjustments required hereunder shall be only by credit certificate. 
1952 (47) 1889. 

§ 68-185.1. Transfer of experience rating accounts under §§ 68-178 to 68-185. 

No transfer of experience rating accounts, in whole or in part, shall be permit- 
ted under the provisions of §§ 68-178 to 6S-1S5 unless all unemployment compen- 
sation taxes based on wages paid by the transferring employer prior to the date of 
the transfer shall be paid by the transferring employer when due or assumed by the 
acquiring employer. 

1952 (47) 1891. 

Article 3. 

Payment and Collection of Contributions. 

§ 68-210.1. Payment of current contributions at reduced rate when execution 
outstanding. 

No employer shall be permitted to pay his unemployment compensation tax at a 
reduced rate for any quarter when a tax execution issued in accord with § 68-208, 
with respect to delinquent unemployment compensation tax for a previous quarter 
shall be unpaid and outstanding against such employer. The Commission may waive 
this provision in those instances in which such an employer shall comply with any 
agreement entered into providing for installment payments of delinquent unem- 
ployment compensation taxes placed in execution. 

1952 (47) 1889. 

CHAPTER 5. 
Employer's Coverage 

§ 68-252. Election as to coverage. 

(1) An employing unit not otherwise subject to this Title, which files with 
the Commission its written election to become an employer subject to this Title 
for not less than two calendar years, shall, with the written approval of such elec- 
tion by the Commission, become an employer subject to the same extent as all 
other employers as of the date stated in such approval and shall cease to be subject 
to this Title as of January first of any calendar year subsequent to such two cal- 
endar years if by the thirtieth day of April of such year it has filed with the Com- 
mission a written notice to that effect. 

(2) Any employing unit for which services that do not constitute employment 
as defined in this Title are performed, may file with the Commission a written elec- 



257 Code of Laws of South Carolina, 1952 § 69-1 

tion that all such services performed by individuals in its employment in one or 
more distinct establishments or places of business shall be deemed to constitute 
employment by an employer for all the purposes of this Title for not less than two 
calendar years. Upon the written approval of such election by the Commission such 
services shall be deemed to constitute employment subject to this Title from and 
after the date stated in such approval. Such services shall cease to be deemed em- 
ployment subject to this Title as of January first of any calendar year subsequent 
to such two calendar years if by the thirty-first day of January of such year such 
employing unit has filed with the Commission a written notice to that effect. 
1952 (47) 1888. 

§ 68-253. Termination of coverage. 

Except as otherwise provided in § 68-252 an employing unit shall cease to be 
an employer subject to this Title as of the first day of January of any calendar 
year, only if it files with the Commission by the thirtieth day of April of such year 
an application for termination of coverage and the Commission finds that there 
were no twenty different weeks within the preceding calendar year within which 
such employing unit had eight or more individuals in employment subject to this 
Title. For the purpose of this section, the two or more employing units mentioned 
in item (2), (3) or (4) of § 68-11 shall be treated as a single employing unit. 

Any employer who shall have rendered no employment and paid no wages in this 
State for a continuous period of one calendar year shall have the privilege of sub- 
mitting an application for termination of coverage upon the resumption of em- 
ployment in this State. 

19S2 (47) 1888. 

Title 69. 

Warehouses. 

CHAPTER 1. 
Warehouses Generally. 

Article 1. 
General Provisions. 
§ 69-1. Who may become public warehousemen. 

Duty of warehouseman to depositor of Clearwater Mfg. Co., 217 S. C. 530; 61 S. E. 
goods in his care. Arkwright Mills v. (2d) 165, (1950). 

Title 71. 
Welfare. 

Chapter 1. Grants of Monetary Assistance, § 71-95. 

CHAPTER 1. 

Grants of Monetary Assistance. 

Article 5. Article 6. 

Aid to Dependent Children, § 71-95. Aid to Blind, § 71-114. 



§ 71-95 1952 Supplement 258 

Article 5. 
Aid to Dependent Children. 

§ 71-95. Grant of aid ; appeal if aid denied. 

If such child is found to be in need and to have resided in this State for one 
year immediately preceding the application for such aid or to have been born 
within one year immediately preceding the application, if the parent or other rela- 
tive with whom the child is living has resided in this State for one year immedi- 
ately precedng the birth of such child, the county department shall grant such aid 
as may be necessary for the support of such child in its own home or in the home 
of one of its relatives as set forth in this chapter, in a manner compatible with 
decency and health. In case application for aid for a dependent child is rejected by 
the county department, appeal may be made to the State Department as elsewhere 
provided in this chapter. 

1952 (47) 1974. 

Article 6. 
Aid to Blind. 
§ 71-114. County department determine amount of such assistance. 

Within available appropriations and subject to the rules and regulations of the 
State Department, the amount of assistance which any person shall receive shall 
be determined by the county department after making such investigation as is nec- 
essary or required by the State Department. The investigation shall be made with 
due regard to the resources, necessary expenditures, and other pertinent conditions 
existing in the case of each applicant. In making the investigation the first fifty 
dollars a month of earned income shall not be considered. The amount of assistance 
given shall be sufficient when added to other income and means of support of the 
recipient, to provide such person with a reasonable subsistence compatible with 
decency and health. 

1952 (47) 1974. . 

§ 71-115.1. Applicant may select physician or optometrist for examination; 
payment. 

The State Department shall establish a register of optometrists and physicians, 
skilled' in the diseases of the eye, from which the applicant may select one to con- 
duct a competent medical examination for determining his blindness. The State 
Department shall pay for such examination. 

1952 (47) 1974. 

Title 72. 
Workmen's Compensation. 

Chapter 2. Industrial Commission, § 72-51. 

3. Application and Effect of Title. § 72-103. 

CHAPTER 1. 
General Provisions. 
§ 72-1. Short title. 

The Supreme Court is committed to a of the Title in such a way as to change its 

liberal construction of this Title, but such meaning. Teigue v. Appleton Co., 221 S. C. 

liberality will not be indulged to such an 52: 68 S. E. (2d) 878, (1952). 
extent as to do violence to the provisions Cited. Cribbs v. Southern Coatings & 



259 



Code: of Laws of South Carolina, 1952 



§ 72-51 



Chemical Co., et al, -MS S. C. 273; 62 S. E. 
(2d) 505, (1950); Broughton v. S. C. Game 
and Fish Dcpt. et al, 219 S. C. 50, 64 S. E. 



(2d) 152, (1951); Jolly v. S. C. Industrial 
School for Boys, 219 S. C. 155; 64 S. E. 
(2d) 252, (1951). 



§ 72-6. Child, grandchild, brother and sister. 

This section applies to children who are 
established as being illegitimate and ac- 
knowledged by the putative father. Next of 
Kin of Barr v. Cherokee, Inc., 220 S. C. 
447; 68 S. E. (2d) 440, (1951). 

Neither the father nor the mother is ad- 



§ 72-11. Employee. 

A casual employee is excluded although 
the work being done is in the course of his 
employer's business or occupation. Benbow 

§ 72-13. Employment. 

Municipal corporations and their em- 
ployees are subject to and bound by this 
chapter regardless of the number of em- 

§ 72-14. Injury and personal injury. 

The two parts, of the phrase used in the 
Workmen's Compensation Act, "arising out 
of" and "in the course of" employment, are 
not synonymous. "Arising out of" refers 
to the origin and cause of injury, whereas 
"in the course of" refers to the time, place 
and circumstances of the occurrence. One 
of the elements without the other will not 
sustain an award. Willard v. Commission- 
ers of Public Works, et al, 219 S. C. 477; 
65 S. E. (2d) 874, (1951). 

Injury arising out of and in the course of 
employment. Malphrus v. S. C. Comm. of 
Forestry, et al, 221 S. C. 75; 69 S. E. (2d) 
70. (1952). 

Injury suffered by employee while on va- 
cation did not arise out of or in course of 
employment. Williams v. Citv of Colum- 
bia, et al, 218 S. C. 287; 62 S. E. (2d) 469, 
(1950). 

An employee, while awaiting work as- 
signment during working hours at his place 
of employment, in idle curiosity tampered 
with a strange object which was present by 
reason of the nature of the employer's busi- 
ness, and was injured thereby, was injured 
during his employment. Tordan v. Dixie 
Chevrolet, Inc.. et'al. 218 S. C. 73; 61 S. E. 
(2d) 654, (1950). 

Death from pneumonia resulting from ex- 
posure an accident. Hiers v. Brunson Con- 
struction Co., et al. 221 S. C. 212; 70 S. E. 



missible to prove the illegitimacy of a child 
born to them in wedlock, or to establish 
any facts tending to show that the child 
was illegitimate. Next of Kin of Barr v. 
Cherokee, Inc., 220 S. C. 447; 68 S. E. (2d) 
440. (1951.) 



v. Edmunds High School, 220 S. C. 363; 
67 S. E. (2d) 680, (1951). 



ployees employed by the municipality. 
Black v. Town of Springfield, 217 S. C. 
413; 60 S. E. (2d) 854, (1950). 



(2d) 211. 

Fatal injury sustained by an employee off 
the premises of employer when he endea- 
vored to assist his fellow man in an em- 
ergency, did not arise out and in course 
of his employment. Minis v. Nehi Bottling 
Co., et al. 218 S. C. 513; 63 S. E. (2d) 513, 
(1951). 

Overexertion. Windham v. City of Flor- 
ence, et al, 221 S. C. 350; 70 S. E. (2d) 553, 
(1952). 

Pain as determining factor when it start- 
ed at time of injury and has continued since 
in same area. Hewitt v. Cheraw Cotton 
Mills, et al. 217 S. C. 90; 59 S. E. (2d) 712, 
(1950). 

Injury to employee, who is upon his em- 
ployer's premises, occupying himself con- 
sistently with his contract of hire in some 
manner pertaining to or incidental to his 
employment, arose out of his employment. 
McCoV v. Easley Cotton Mills, 218 S. C. 
350; 62 S. E. .(2d) 772, (1950). 

Where medical testimony is relied on to 
show a causal connection between an acci- 
dent and a certain result the medical ex- 
perts must testify at least that in their pro- 
fessional opinion the result in question 
"most probably" came from the alleged 
cause. Windham v. City of Florence, et al, 
221 S. C. 350; 70 S. E. (2d) 553, (1952). 



CHAPTER 2. 

Industrial Commission. 
§ 72-51. Created; appointment; term; chairman. 

There is hereby created a commission, to be known as the South Carolina Indus- 
trial Commission, consisting of five commissioners who shall devote their entire 
time to the duties of the Commission. The Governor, by and with the advice and 
consent of the Senate, shall appoint the members of the Commission for terms of 
six years, the commissioners first appointed, however, having been appointed for 



§ 72-51 1952 Supplement 260 

terms of two, four and six years, respectively. The Governor shall designate one 
of the members so selected as chairman. 
1952 (47) 1925. 

§ 72-66. Commission to determine unsettled matters. 

Participation of commissioner, who was Forestry, et al, 221 S. C. 75; 69 S. E. (2d) 
absent from oral arguments, in decision of 70, (1952). 
commission. Malphrus v. S. C. Coram, of 

CHAPTER 3. 
Application and Effect of Title. 
§ 72-102. Public divisions and their employees cannot exempt themselves. 

Municipal corporations and their employ- ployed by the municipality. Black v. Town 
ees are subject to and bound by this Title of Springfield. 217 S. C. 413; 60 S. E. (2d) 
regardless of the number of employees em- 854, (1950). 

§ 72-103. Same; exception as to certain employees of Greenville County; 
liability of county for injuries. 

The members of the Greenville County hoard of commissioners and the members 
of all the other boards and commissions of such county, including the members of 
the board of assessors, shall not be deemed employees of Greenville County within 
the meaning of this Title and are exempted from the provisions of this Title, and 
Greenville County shall not be liable for injuries sustained by such board members 
in the course of their employment. 

1952 (47) 2163. 

§ 72-107. Casual employees and other excepted employment. 

Under the express terms of § 72-111, the yond that which would have existed if the 

liability of an owner for compensation to workman had been directly employed by 

the employee of a contractor engaged to him. Benbow v. Edmunds High School, 

perform any work which is a part of the 220 S. C. 363; 67 S. E. (2d) 680, (1951). 
owner's trade, business or occupation is Under this Title a casual employee is 

that "which he would have been liable to excluded although the work being done is 

pay if the workman had been immediately in the course of his employer's business or 

employed bv him." It certainly was not in- occupation. Benbow v. Edmunds High 

tended" by this section to enlarge the lia- School, 220 S. C. 363; 67 S. E. (2d) 680, 

bility of the owner for compensation be- (1951). 

§ 72-111. Liability of owner to workmen of subcontractor. 

The liability of an owner for compensa- was not intended by this sction to enlarge 
tion to the employee of a contractor en- the liability of the owner for compensation 



to perform any work which is a beyond that which would have existed if the 

part of the owner's trade, business or occu- workmen had been directly employed by 

pation is that "which he would have been him. Benbow v. Edmunds High School, 

liable to pay if the workmen had been im- 220 S. C. 363; 67 S. E. (2d) 680. (1951). 
mediately employed by him." It certainly 

§ 72-121. Employee's rights under Title exclude all others against employer. 

Cited. Burns v. Carolina Power & Light Co., 193 F. (2d) 525 (1951). 

§ 72-126. When injured employee, etc., may bring suit against third party. 

Cited. Burns v. Carolina Power & Light Co., 193 F. (2d) 525. (1951). 

CHAPTER 4. 
Compensation and Payment Thereof 

§ 72-153. When disability deemed to continue for certain periods; disfigure- 
ment; compensation. 

Description of disfigurement in the rec- ton Mills, 218 S. C. 350; 62 S. E. (2d) 772, 
ord held sufficient in. McCoy v. Easley Cot- (1950). 



261 



Code of Laws of South Carolina, 1952 



S 72-307 



§ 72-169. Foreign injuries. 

Applied. Horton v. Baruch, et al, 217 S. 



C. 48; 59 S. E. (2d) 545, (1950). 



CHAPTER 6. 
Notice of Accident ; Filing Claims ; Medical Attention and Examinations. 
§ 72-301. Notice of accident. 

The Supreme Court is committed to a 
liberal construction of this Title, but such 
liberality will not be indulged to such an 
extent as to do violence to the provisions 
of the Act in such a way as to change its 
meaning. Teigue v. Appleton Co., 221 S. C. 
52; 68 S. E. (2d) 878, (1952). 

The "required notice" cannot be treated 
as a mere formality or technicality. Harpe 
v. Kline Iron and Metal Works, et al, 219 
S. C. 527; 66 S. E. (2d) 30, (1951). 

The defense of failure to give the re- 
quired notice was jurisdictional, and a di- 
rect and positive ruling by the Commission 
thereabout is necessary. Harpe v. Kline 
Iron and Metal Works, et al, 219 S. C. 527; 
66 S. E. (2d) 30, (1951). 

Failure give timely notice of accident 

§ 72-302. Nature of notice; service. 

The Supreme Court is committed to a 
liberal construction of this Title, but such 
liberality will not be indulged to such an 
extent as to do violence to the provisions of 
the Act in such a way as to change its 
meaning. Teigue v. Appleton Co., 221 S. C. 
52: 68 S. E. (2d) 878, (1952). 

Applied. Teigue v. Appleton Co., 221 S. 
C. 52; 68 S. E. (2d) 878, (1952). 

Cited. Mintz v. Fiske-Carter Const. Co., 

§ 72-303. Time for filing- claim. 

The fact that claimant may have been 
unaware of the requirement as to filing a 
claim within one year furnishes no legal 
excuse for not filing the claim. Ashe v. 
Rock Hill Hardware Co.. et al, 219 S. C. 
159; 64 S. E. (2d) 396, (1951). 

§ 72-305. Medical, hospital, surgical, etc., treatment and supplies; artificial 
members. 



bar to claim. Mintz v. Fiske-Carter Const. 
Co., et al, 218 S. C. 409; 63 S. E. (2d) 50, 
(1951). 

A finding that the employer has not been 
prejudiced by the failure to give the notice 
within the time limit is not a reason for 
excusing the "first requirement." Harpe v. 
Kline Iron and Metal Works, et al, 218 S. 
C. 527; 66 S. E. (2d) 30, (1951). 

The purpose of this section and § 72-302 
is to enable the employer to investigate the 
claim and to give prompt medical attention 
if necessarv. Ashe v. Rock Hill Hardware 
Co., et al, 219 S. C. 159; 64 S. E. (2d) 396, 
(1951). 

Applied. Teigue v. Appleton Co., 221 S. 
C. 52; 68 S. E. (2d) 878, (1952). 



et al, 218 S. C. 409; 62 S. E. (2d) 50, 
(1951); Harpe v. Kline Iron and Metal 
Works, et al, 219 S. C. 527; 66 S. E. (2d) 
30, (1951). 

The purpose of this section and § 72-301 
is to enable the employer to investigate the 
claim and to give prompt medical attention 
if necessary. Ashe v. Rock Hill Hardware 
Co., et al, 219 S. C. 159; 64 S. E. (2d) 396, 
(1951). 



No legal excuse' shown by the respond- 
ent for his failure to file his claim in the 
required time. Ashe v. Rock Hill Hardware 
Co., et al, 219 S. C. 159; 64 S. E. (2d) 396, 
(1951). 



American Health Insurance Co., 220 S. C. 
79; 66 S. E. (2d) 461, (1951). 



Recovery by covered employee on insur- 
ance policy providing such employee bene- 
fits provided under this Title. Shealey v. 

§ 72-307. Physical examinations; facts learned by doctors not privileged; 
autopsy. 

Refusal permit examination of claimant Bradford et al, 218 S. C. 458; 63 S. E. (2d) 

abuse of commission's discretion. Cord v. 166, (1951). 

Hines Construction Co., et al, 220 S. C. 356; Applied. Cord v. Hines Construction Co., 

67 S. E. (2d) 677, (1951). et al, 220 S. C. 356; 67 S. E. (2d) 677, 

Medical testimony, Glasscock, et al v. (1951). 



§ 72-353. 



1952 Supplement 



262 



Conduct of hearing before Commission. 
McCoy v. Easley Cotton Mills, 21S S. C. 
350; 62 S. E. (2d) 771, (1950). 



CHAPTER 7. 
Procedure in Connection with Awards. 

§ 72-353. Commission may appoint doctor to examine injured employee; 
compensation. 

Cited. Cord v. Hines Construction Co., 
et al, 220 S. C. 356; 67 S. E. (2d) 677, 
(1951). 

§ 72-354. Conduct of hearing; award. 

Findings of fact by the Commission are 
conclusive and binding upon both the Court 
of Common Pleas and the Supreme Court, 
if there is any competent evidence reason- 
ably tending to support them, even though 
there is evidence that would have supported 
a finding to the contrary. Such findings 
must have reasonable support in the evi- 
dence and cannot rest on conjecture, sur- 
mise or speculation. Willard v. Commis- 
sioners of Public Works, et al, 219 S. C. 
477; 65 S. E. (2d) 874, (1951); Hiers v. 
Brunson Const. Co., et al, 221 S. C. 212; 70 
S. E. (2d) 211, (1952). 

Upon admitted or established facts the 
question of whether an accident is com- 



pensable is a question of law. Jordan v. 
Dixie Chevrolet Inc., et al, 61 S. E. (2d) 
654; 218 S. C. 73, (1950). 

The Circuit Court and the Supreme Court 
on appeal of either party shall consider the 
evidence and find therefrom the jurisdic- 
tional facts without regard to the finding of 
such facts by the Commission. Horton v. 
Baruch, et al, 217 S. C. 48; 59 S. E. (2d) 
545, (1950). 

Probative value of expert testimony pass- 
ing upon hypothetical facts stands or falls 
with the existence of the facts upon which 
it is predicated. Hiers v. Brunson Con- 
struction Co.. et al, 221 S. C. 212; 70 S. E. 
(2d) 211, (1952). 

§ 72-356. Conclusiveness of award ; appeal ; payment of compensation during 
appeal. 



An intermediate order involving the mer- 
its is appealable before final judgment. Cord 
v. Hines Construction Co., et al, 220 S. C. 
356; 67 S. E. (2d) 677. (1951). 

Appeal to trial judge must be from the 
Commission, not a single Commissioner. 
Brown et al v. Gunter, Inc., et al, 221 S. C. 
183; 69 S. E. (2d) 598, (1952). 

The Commission is the fact-finding body 
and the Supreme Court and the Circuit 
Court both being appellate Courts in Work- 
men's Compensation matters can only re- 
view the facts to determine whether or not 
there is any competent evidence to support 



the findings of the fact-finding body. If 
there is, the Courts are without power to 
pass upon the force and effect of such evi- 
dence. Teigue v. Appleton Co., 221 S. C. 
52; 68 S. E. (2d) 878, (1952). 

When evidence conflicts the question as 
to whether injury arose out of or in course 
of employment is one of fact. Williams v. 
City of Columbia, et al, 218 S. C. 287; 62 
S E. (2d) 469, (1950). 

Generally the conclusion of fact-finding 
body (the Commission) is binding. Id. 

Cited. Brown, et al v. Gunter, Inc., et al, 
221 S. C. 189; 69 S. E. (2d) 596, (1952). 



CHAPTER 8. 

Insurance and Self-Insurance. 



§ 72-401. Employer to secure payment of compensation; extent of liability. 



The phrase "those conducting his busi- 
ness" in this section includes fellow em- 
ployees, and employees had no cause of ac- 

§ 72-408. Liability of insurer. 

Action between carriers when employee 
in two accidents. Glasscock, et al v. Brad- 



tion against fellow employee. Burns v. 
Carolina Power & Light Co., 193 F. (2d) 
525 (1951). 



ford, et al, 218 S. C. 458; 63 S. E. (2d) 166, 
(1951). 



CHAPTER 10. 
Reports and Records. 

§ 72-502. Reports of termination or extension beyond sixty days of disa- 
bility. 

Cited. Ashe v. Rock Hill Hardware Co., (1951). 
et al, 219 S. C. 159, 64 S. E. (2d) 396, 



263 



Constitution of thb State of S. C. 



Art. I, § 14. 



Constitution of the State of 
South Carolina 1895 



ARTICLE I. 

Declaration of Rights. 
SECTION 4. Religious worship — freedom of speech — petition. 



Probate judge's 
riage ceremony 



; for license and mar- 
one package. Dillon 



County v. Maryland Cas. Co., et al, 217 S. 
C. 66; 59 S. E. (2d) 640, (1950). 



Section 5. Privileges and immunities — protection of laws. 



To invalidate a tax statute for discrimi- 
nation, in the absence of specific constitu- 
tional inhibition, exemption from its terms 
must be purely arbitrary. State of S. C. 
Ex Rel. Roddey v. Byrnes, Governor, et 
al, 219 S. C. 485; 66 S. E. (2d) 33, (1951). 

Use tax act does not violate this section. 
State of S. C. Ex Rel. Roddey v. Bvrnes, 
Governor, et al, 219 S. C. 485; 66 S. E. 
(2d) 33, (1951). 

Act requiring a probate judge to perform 
marriage ceremonies during office hours 
and certain other duties does not violate 
this section. Dillon County v. Maryland 
Cas. Co. et al, 217 S. C. 661, 59 S. E. (2d) 
640, (1950). 

Section 6. Taxation. 

This provision is inapplicable to license 
or excise taxes, which the sales tax is. 
State of S. C. Ex Rel. Roddey v. Byrnes, 

Section 8. Attainder — ex post facto law. 

A legislature may enact statutes which State of S. C, Ex Rel. Roddey v. Byrnes, 



Receivership proceedings unduly enjoin- 
ing enforcement of chattel mortgage lien 
violated this provision. National Cash 
Register Co. v. Burns, 217 S. C. 310, 60 S. 
E. (2d) 615, (1950). 

Where insanity is interposed as a de- 
fense, the compulsory examination of an 
accused by experts for the purpose of de- 
termining his mental condition and testify- 
ing in regard thereto does not violate this 
section. The State v. Myers, 220 S. C. 309; 
67 S. E. (2d) 506, (1951). 

Cited. Smith et al. v. Lexington School 
District, 219 S. C. 191, 64 S. E. 2d 534; 
Johnson v. Abney Mills, 219 S. C. 231, 64 
S. E. 2d 641 (1951). 



Governor, et al, 
(2d) 33, (1951). 



219 S. C. 485; 66 S. E. 



result in contracts which may be of effect 
beyond the life of the enacting legislature. 

Section 14. Departments separate. 

The exercise of judicial functions, or 
quasi-judicial functions is often necessary 
as an incident to the exercise of the pow- 
ers conferred by the Constitution upon the 
other coordinate branches of the govern- 
ment * * * in all cases where the exercise 
of judgment and discretion are required. 
But this is not judicial power vested in the 
Court. State of S. C. Ex Rel. Roddey v. 
Byrnes, Governor, et al, 219 S. C. 485; 66 
S. E. (2d) 33, (1951). 

It would be difficult to give an exact 
definition of the words "judicial power" as 
used in the Constitution which would be 
applicable to all cases that might arise 
* * *. The Constitution assumed the ex- 
istence of a recognized society and when it 
vested the judicial power in the Courts it 



Governor, 

(2d) 33, (1951). 



219 S. C. 485; 66 S. E. 



had reference to the judicial powers then 
existing and such as the people then un- 
derstood to be vested in and exercised by 
the Courts. The result of the exercise of 
the power, is, of course, subject to court 
review and reversal in proper cases and 
on requisite facts. State of S. C, Ex Rel. 
Roddey v. Byrnes, Governor, et al, 219 
S. C. 485; 66 S. E. (2d) 33, (1951). 

The determination of the sufficiency of a 
special fund to meet interest and principal 
maturities of school bonds as shall be is- 
sued is in the nature of a judicial function 
but is not such as may not be delegated to 
executive and administrative officers under 
the Constitution. State of S. C. Ex Rel. 
Roddey v. Byrnes, Governor, et al, 219 S. 
C. 485, 66 S. E. (2d) 33, (1951). 



Art. I, § 17. 



1952 Supplement 



264 



Section 17. Presentment of grand jury — rot tried twice — private property. 

fense, the compulsory examination of an 
accused by experts for the purpose of de- 
termining his mental condition and testify- 
ing in regard thereto does not violate this 
section. The State v. Myers, 220 S. C. 309; 
67 S. E. (2d) S06, (1951). 



Grantees necessary parties in continuing 
damage to land action by grantor. Shon- 
nard v. South Carolina Public Service Au- 
thority, 217 S. C. 458; 60 S. E. (2d) 894, 
(1950). 

Where insanity is interposed as a de- 

Section 18. Trial by jury- — witnesses. 

The Constitution does not specify the 
time nor the number of counsel to which 
an individual defendant in a criminal case 
is entitled. It provides that he has the right 
"to be fully heard in his defense by him- 
self or by his counsel or by both." This 
provision guarantees him the right to be 

Section 19. Excessive bail — corporal punishment — contempt. 

Excess sentence. The State v. King, 221 Cited in State v. Mclntire 



heard on all questions of law and fact 
which may arise at any time during the 
prosecution, and it implies that he shall 
have full opportunity and time as justice 
and the necessities of the case may require. 
State v. Mclntire, S. C. , 71 S. K 2d 
410 (1952). 



S. C. 68; 69 S. E. (2d) 123. (1952). 

Applied. The State v. Ferguson, et 
221 S. C. 300; 70 S. E. (2d) 355, (1952). 



S. C. ... 

71 S. E. 2d 410 (1952). State v. Green, 220 
S. C. 315; 67 S. E. (2d) 509, (1951). 



ARTICLE II. 

Right of Suffrage. 
Section 2. Qualification for office — two officers. 

Ex officio membership of the governing 7, (1952). 



body did not contravene this section. Wel- 
ling v. Clinton Newberry Natural Gas Au- 
thority, et al, 221 S. C. 417; 71 S. E. (2d) 



Cited. Dillon County v. Maryland Cas. 
Co. et al, 217 S. C. 66; 59 S. E. (2d) 640, 
(1950). 



ARTICLE III. 



Legislative Department 
Section 17. One subject. 

Act requiring a probate judge to perform 
marriage ceremonies during office hours 
and certain other duties does not violate 
this section. Dillon County v. Maryland 
Cas. Co. et al, 217 S. C. 66; 59 S. E. (2d) 



640, (1950). 

Title of State General Appropriations Act 
sustained. State of S. C. Ex Rel. Roddey 
v. Byrnes, Governor, et al, 219 S. C. 485; 
66 S. E. (2d) 33, (1951). 



Section 18. Formalities of act. 

Enrolled bill rule applied. State of S. C. 
Ex Rel. Roddey v. Byrnes, Governor, et 

Section 34. Special laws prohibited. 

The General Assembly is fully empow- 
ered to deal with special situations pre- 
sented. Welling v. Clinton Newberry Nat- 
ural Gas Authority, et al, 221 S. C. 417; 71 
S. E. (2d) 7, (1952). 

The Rural Electric Cooperative Act of 
1939 does not violate this section. Book- 
hart v. Central Elec. Power Coop., 219 S. 
C. 414; 65 S. E. (2d) 781, (1951). 

Act imposing special duties on one pro- 
bate judge without imposing same on other 
probate judges does not violate this sec- 
tion. Dillon County v. Maryland Cas. Co. 
et al, 217 S. C. 66; 59 S. E. (2d) 640, (1950). 

The amendment to Art. XI, Sec. 5, 



al, 219 S. C. 485; 66 S. E. (2d) 33, (1951). 



(1931 (37) 101) removed Lexington County 
from the bans of subdivisions IV and IX 
with respect to incorporation of a school 
district by special law and forbidding 
special laws in other cases where a general 
law can be made applicable. Smith, et al, v. 
Lexington School District, 219 S. C. 191; 
64 S. E. (2d) 534. 

Cited. McKown, et al v. Daniel et al, 
217 S. C. 510; 61 S. E. (2d) 163, (1950); 
Moseley v. Welch, et al, 218 S. C. 242, 62 
S. E. (2d) 313; (1950); Jennings v. Green 
et al, 219 S. C. 471; 65 S. E. (2d) 878, 
(1951); Baker v. Allen, 220 S. C. 141; 66 
S. E. (2d) 618, (1951). 



265 Constitution of the State of S. C. Art. VIII, § 1. 

ARTICLE V. 

Judicial Department. 
Section 4. Jurisdiction of Supreme Court. 

Findings of jury, concurred in by trial review the facts and make findings con- 
judge, in equity case not subject to review trary to those of trial courts of equity in 
by Supreme Court. Thigpen v. Thigpen, proper cases. Gilbert et al. v. McLeod In- 
217 S. C. 322; 60 S. E. (2d) 621, (1950). firmary et al. 219 S. C. 174, 64 S. E. 2d 

The Supreme Court fully empowered to 524, ( 1951). 

Section 12. Three necessary for reversal — constitutional questions — judge 
shall not sit. 
Cited. State of S. C, Ex Rel. Roddey v. S. E. (2d) 33, (1951). 
Byrnes, Governor, et al, 219 S. C. 485; 66 

Section 18. Courts of general sessions. 

The court of general sessions does not eating liquor. State v. Castleman, 219 S. 
have jurisdiction to try a person for a first C. 136, 64 S. E. 2d 250, (1951). 
offense of unlawful possession of intoxi- 

Section 21. Jurisdiction of magistrates — examining courts. 

Cited in State v. Castleman, 219 S. C. 136, 64 S. E. 2d 250, (1951). 

Section 26. Charge to juries. 

A request to charge was properly refused 2d 260, (1951). 

as being a charge upon the facts which said The right to have all the law declared 

in effect that a specified delict was an act may be waived like any other right, and an 

of negligence, this being the prerogative of omission acquiesced in. The State v. Jami- 

the jury. Jeff Hunt Machinery Co. vs. S. son, 221 S. C. 312; 70 S. E. (2d) 342, (1952). 
C. State Hwy. Dept. 219 S. C. 340, 65 S. E. 

Section 30. Sheriff and coroner. 

Undated resignation signed by person sheriff is void. Jackson v. White, 218 S 
prior to appointment and qualification as C. 311; 62 S. E. (2d) 776, (1950). 

ARTICLE VII. 
Counties and County Government. 
Section 4. Area, taxable property and inhabitants of old county. 

The word "area" in the sense in which S. C. 469; 68 S. E. (2d) 421, (1951). 

it is used in this section includes both Applied. Beaufort County, et al v. Jasper 

marsh lands and inland water. Beaufort County, et al, 220 S. C. 469; 68 S. E. (2d) 

County, et al v. Jasper County, et al, 220 421, (1951). 

Section 11. Townships — body corporate — township government. 

This section must be considered and sembly by this section must be considered 

harmonized with Article 8 relating to the and harmonized with Article 8 relating to 

organization and government of towns and the organization and government of towns 

cities. Wagener, et al v. Smith, et al, 221 and cities. Wagener, et al v. Smith, et al 

S. C. 438; 71 S. E. (2d) 1, (1952). 221 S. C. 438; 71 S. E. (2d) 1, (1952). 

The powers vested in the General As- 

ARTICLE VIII. 

Municipal Corporations and Police Regulations. 

Section 1. Organization and classification of municipal corporations. 

Stated. Welling v. Clinton Newberry et al v. Smith, et al, 221 S. C. 438; 71 S. 
Natural Gas Authority, et al, 221 S. C. E. (2d), (1952). 
417; 71 S. E. (2d) 7, (1952); Wagener, 



Art. VIII, § 2. 1952 Supplement 266 

Section 2. Electors must consent to organization. 

Applied. Wagener, et al v. Smith, et al, Cited. Wagener. et al v. Smith, et al, 221 

221 S. C. 438; 71 S. E. (2d) 1, (1952). S. C. 438; 71 S. E. (2d) 1, (1952). 

Section 3. Taxes. 

Establishment of an airport is for a pub- 217 S. C. 62; 59 S. E. (2d) 638, (1950). 
lie purpose. Evatte v. Cass, Mayor, et al, 

Section 4. Street railway, etc. 

Applicability of the inhibition contained strued. DeTreville, et al v. Groover, et al, 
in this section to the granting of a right or "219 S. C. 313, 65 S. E. (2d) 232, (1951). 
franchise to a quasi-municipality not con- 

Section 5. Waterworks system — plants furnish lights and ice. 

This constitutional provision is applica- v. Clinton Newberry Natural Gas Author- 

ble to a natural gas system designed to ity, et al, 221 S. C. 417; 71 S. E. (2d) 7, 

furnish heating facilities. There is no show- (1952). 

ing that gas furnished bv the Authority is Cited. DeTreville, et al v. Groover, et al, 

to be used for lighting purposes. Welling 219 S. C. 313; 65 S. E. (2d) 232, (1951). 

Section 6. Corporate taxes must be uniform — license. 

Establishment and maintenance of pub- Evatte v. Cass, Mayor, et al, 217 S. C. 62; 
lie airport is for a corporate purpose. 59 S. E. (2d) 638, (1950). 

Section 7. Bonded debt — certificates of indebtedness— sinking fund — refund- 
ing bonded debt — provisos as to certain cities added by amendment. 
Cited as to amendment relating Orange- C. 62; 59 S. E. (2d) 638, (1950). 
burg. Evatte v. Cass, Mayor, et al, 217 S. 

Section 8. Manufactories may be exempt from taxation. 

Cited in Arlcwright Mills vs. Murph 219 S. C. 438; 65 S. E. 2d 665, (1951). 

ARTICLE IX. 

Corporations. 
Section 13. Trusts, combinations, eetc. 

Natural gas authority act does not vio- Cited. Welling v. Clinton Newberry Nat- 
late this section. Welling v. Clinton New- ural Gas Authority, et al. 221 S. C. 417; 71 
berry Natural Gas Authority, et al, 221 S. S. E. (2d) 7, (1952). 
C. 417; 71 S. E. (2d) 7, (1952). 

ARTICLE X. 

Finance and Taxation. 

Section 1. Taxation and assessment. 

Sales tax act does not violate this sec- Byrnes, Governor, et al, 219 S. C. 485: 66 
tion. State of S. C. Ex Rel. Roddey v. S. E. (2d) 33, (1951). 

Section 2. Expenses of state government. 

This section expressly refers to "ordinary nent improvements. State of S. C, Ex Rel. 
expenses of the State" and can have noth- Roddey v. Byrnes, Governor, et al, 219 S. 
ing to do with capital outlays for perma- C. 485; 66 S. E. (2d) 33, (1951). 

Section 3. Tax shall be levied in pursuance of law. 

Cited. State of S. C, Ex Rel. Roddey v. ington School District, 219 S. C. 191; 64 
Byrnes, Governor, et al, 219 S. C. 485; 66 S. E. (2d) 534, (1951). 
S. E. (2d) 33, (1951); Smith et al v. Lex- 



267 Constitution of the State of S. C. Art. XI, § 12. 

Section 5. Taxes may be levied for corporate purposes; shares of stock- 
holders; limit of bonded indebtedness. 

* * * * 

Provided, that the limitations as to bonded indebtedness imposed by this section 
shall not apply to Lockhart School district in Union County, and that Lockhart 
school district in Union County may incur bonded indebtedness to an amount not 
exceeding twenty-four (24%) per cent of the assessed value of all taxable property 
therein, without regard to the amount of bonded indebtedness now outstanding or 
hereafter created of any municipal corporation or political subdivision located wholly 
or partly within said district. 

1950 (..) 3576; 1952 (47) 1876. 

Establishment and maintenance of air- Cited. Smith et al. v. Lexington School 

port constitute a corporate purpose. Evatte District. 219 S. C. 191, 64 S. E. 2d 534, 
v. Cass, Mayor, et al, 217 S. C. 62; 59 S. (1951). 
E. (2d) 638, (1950). 

Section 6. Credit of State — for what purposes tax levied or bonds issued — 
proviso. 

The limitation imposed by this section Cass, Mayor, et al, 217 S. C. 62; 59 S. E. 
does not apply to municipalities. Evatte v. (2d) 638, (1950). 

Section 7. Scrip, certificate, or evidence of state debt. 

This section is generally considered in- S. C. Ex Rel. Roddey v. Byrnes, Governor, 
applicable to State bonded debt. State of et al, 219 S. C. 485; 66 S. E. (2d) 33, (1951). 

Section 9. Money. 

Cited. Beacham v. Greenville County, 218 S. C. 181 ; 62 S. E. (2d) 92, (1950). 

Section 11. Public debt — state bonds. 

This provision is not applicable to bonds reasonably estimated to be sufficient there- 

which the authorizing statute provides shall for. State of S. C. Ex Rel. Roddey v. 

be paid from a special fund or source which Byrnes, Governor, et al, 219 S. C. 485; 66 

is set aside for the purpose and which is S. E. (2d) 33, (1951). 

ARTICLE XI. 
Education. 

Section 5. Free public schools — school districts — bonded debt — graded school 

districts. 

Amendment as to Lexington County 64 S. E. (2d) 534, (1951). 
(1931 (37) 101) applied in Smith et al. v. Cited. Nesbitt et al v. Gettys et al, 219 

Lexington School District, 219 S. C. 191, S. C. 221, 64 S. E. (2d) 651, (1951). 

Section 6. Enrollment — trustees — poll tax — supplementary tax. 

Sales tax does not violate this section. Cited in Smith et al. v. Lexington School 

State of S. C. Ex Rel. Roddey v. Byrnes, District. 219 S. C. 191, 64 S. E. 2d 534, 

Governor, et al, 219 S. C. 485; 66 S. E. (1951). 
(2d) 33, (1951). 

Section 7. Separate schools. 

This section is not violative of the Four- (1951), same case 103 F. Supp. 920 (1952), 

teenth Amendment to the U. S. Constitu- and . .. U. S. ..., 72 S. Ct. 327 (1952), 

tion. Briggs v. Elliott, 98 F. Supp. 529 and U. S. , 73 S. Ct. 1 (1952). 

Section 12. Income from sale or licenses for sale of liquors. 

Sales tax act does not violate this section. Governor, et al, 219 S. C. 485; 66 S. E. 
State of S. C. Ex Rel. Roddey v. Byrnes, (2d) 33, (1951). 



Art. XVII, § 3. 



1952 Supplement 



268 



ARTICLE XVII. 

Miscellaneous Matters. 



Section 3. Divorces. 

See also notes under §§ 20-101 et seq 
This section authorizes a divorce on the 
ground of constructive desertion. Machado 
v. Machado, 220 S. C. 90; 66 S. E. (2d) 
629. (1951). 

There is constructive desertion where an 
existing cohabitation is intentionally 
brought to an end by the misconduct of 
one of the spouses, compelling the other 
to leave the marital home. An intent to 
desert is an indispensable element. How- 
ever, it is not a necessary ingredient in 
constructive desertion that the husband 
shall entertain, in connection with the acts 
complained of, a settled purpose to drive 
his wife from him. It is enough if such is 
the natural consequence of his acts. Mach- 
ado v. Machado, 220 S. C. 90; 66 S. E. 



(2d) 629; (1951). 

Constructive desertion should never be 
permitted to be used as a subterfuge for 
obtaining a divorce on ground not per- 
mitted by the Constitution. Machado v. 
Machado, 220 S. C. 90; 66 S. E. (2d) 629, 
(1951). 

Question of whether in establishing con- 
structive desertion, it is necessary for the 
complaining spouse to show that he or she 
was compelled to leave the offending 
spouse because of conduct sufficient in 
itself to constitute a ground for divorce, 
left open. Machado v. Machado, 220 S. C. 
90; 66 S. E. (2d) 629, (1951). 

Departure of spouse under mutual agree- 
ment is not desertion. Id. 

Cohabitation terminates desertion. Id. 



Index 



ABANDONMENT 

Personalty on highways, seizure, etc. §§ 46- 
482.1 to 46-482.8. 

ABBEVILLE COUNTY 

School trustees. District No. 60 § 21-1011 

Supervisor, term § 14-701. 

Year, fiscal § 14-17. 

ACCIDENTS 

Motor vehicle, report § 46-931. 

ACTIONS 

Decedent's estate, claim against § 19-483. 

Mentally ill, appearance in § 10-236. 

Motor carriers, against for undercharge or 
overcharge, time sue § 10-145. 

Veterans' affairs, administrator of, when 
party to § 31-220. 

AGRICULTURE 

Darlington County farmers marketing com- 
mission § 3-266.21. 

Florence city-county agricultural commis- 
sion § 3-267. 

AIKEN 

Carnival or fair, exhibition in § 5-2. 

AIKEN COUNTY 

Board of assessors § 65-1806. 

Boards of education, area § 21-1039. 

Carnival or fair, exhibition in § 5-2. 

Cotton weigher, pav. 

Aiken township § 13-227.1. 

School districts § 21-1031. 

School finances §§ 21-1040, 21-1053. 

School trustees § 21-1035.1. 

ALCOHOLIC ANONYMOUS 

Tax exemption § 65-1523. 

ALCOHOLIC LIQUORS 
See Intoxicating Liquors. 

ALDERMEN 

See Municipal Corporations. 

ALE 

See Beer. 

ALLENDALE COUNTY 

Circuit court, term § 15-286. 

School finances, taxes § 21-1105 et seq. • 

School trustees § 21-1101. 

ANDERSON COUNTY 

Board of education § 21-1152. 

Courthouse, supervision § 14-863. 

School district consolidations, election on 
§ 21-1159. 

School trustees § 21-1192. 

State highway svstem, road substituted 
§ 33-120.4. 

Supervisor, duties § 14-863. 

ANIMALS 

See Game and Game Laws, also Live- 
stock. 

APPEAL 

See particular court. 

APPRENTICE 

Illtreating § 20-301. 

ASSESSMENT 

See Taxes and Taxation. 

ATHLETIC SPORTS 

Exhibition on Sunday, city of 6,225 to 6,250 
§ 5-103. 



ATLANTIC STATES MARINE FISH- 
ERIES COMMISSION 

Members § 28-201. 

ATTORNEY 

Darlington County § 14-1672. 

AUCTIONEER 

Pickens County § 15-1913. 

BANKRUPTCY 

Discharge, effect on judgment § 46-954. 

BANKS 

Cash Depository. 

Property, accept for safekeeping § 8-592. 

Safety deposit box. 

See Safety Deposit Box. 
Lease § 8-592. 
Credit Union, 

See Credit Unions. 
Investments § 8-237. 

Property, accept for safekeeping § 8-592. 
Safety deposit box. 

See Safetv Deposit Box. 

Lease § 8-592. 
BARNWELL COUNTY 
School trustees. 

Barnwell school district No. 45 § 21-1351. 
State Highway Department construct and 

maintain certain roads and streets in 

§ 33-120.6. 
State highway system, add road to § 33- 

120.6. 
BERKELEY COUNTY 
Board of tax assessors § 65-1S28. 
Circuit solicitor, assistant § 1-259. 
School district. 

Attendance areas § 21-1453. 
Trustees § 21-1455. 

Budgets § 21-1457. 

Finances § 21-1461. 

Taxes § 21-1457. 
Waterworks commission § 59-591 et seq. 
BIRDS 

See Game and Game Laws. 
BIRTH 

Record free, when §§ 32-1124, 44-660. 
BISHOPVILLE 
Tax lew § 47-248.1. 
BLIND 

Assistance grant § 71-114. 
Examination determine blindness § 71- 

115.1. 
BOARD OF ASSESSORS 

See Taxes and Taxation. 
BOARD OF EQUALIZATION 

See Taxes and Taxation. 
BOAT 

See Fish, Oysters, Etc. 
BONDS 

Chesterfield County § 14-1423. 
Issuance, Dillon County § 21-2404. 
Revenue, refunding, interest § 59-656. 
Tax exempt § 65-9. 
BOOKS 

See Schools and School Districts. 
BOX 

See Safety Deposit Box 



BRAND 

Certificate as evidence of ownership § 26- 

108. 
Livestock § 6-362. 
BRIDGE 

See Highways. 
BUS 

See Motor Vehicles. 
CALHOUN COUNTY 

Cameron-Lone Star centralized high school 
district No. 2-H. 

Finances § 21-1550. 

Trustees § 21-1550. 
Historical commission § 14-1121. 
School trustees. 

Cameron centralized high school district 
§ 21-1549. 

Cameron-Lone Star centralized high 
school district No. 2-H § 21-1550. 

St. Matthews centralized high school dis- 
trict § 21-1549. 
CAMDEN 

Mayor and commissioners, election 47-631. 
CAMPOBELLO 

Mayor and aldermen, term § 47-114. 
CARNIVAL 

Exhibition, Aiken County § 5-2. 
CASH DEPOSITORIES 

See this title under Banks. 
CATAWBA RIVER 
Fishing in, York County § 28-1207. 
CATTLE 
Brand or earmark § 6-361 et seq. 

See Livestock (this index). 
CENSUS 

1950 United States adopted § 1-601. 
CHARLESTON COUNTY 
Circuit solicitor, assistant § 1-259. 
School trustees. 

Moultrie school district No. 2 § 21-1636.3. 

St. John's school district No. 9 § 21- 
1636.2. 

St. Paul's school district No. 23 § 21- 
1636.1. 
State highway right-of-way and condemna- 
tion papers, filing in § 33-146.1. 
CHESNEE 

Mayor and aldermen § 47-313.1. 
Tax levy § 47-244. 
CHESTER COUNTY 
Employees, hiring § 14-1366.2. 
Magistrates. 

First and seventh districts, civil jurisdc- 
tion § 43-670. 

Jurisdiction § 43-670. 
Manager § 14-1366.1. 
Office hours § 14-1357. 
Property, inventory, etc. § 14-1366.3. 
Purchasing agent § 14-1366.4. 
Road work .supervision § 33-1521. 
CHESTERFIELD COUNTY 
Board of commissioners, clerks, bonds 

§ 14-1423. 
Korean War veterans, recording of dis- 
charges § 60-404. 
Master, fees § 27-203.10. 
School taxes § 21-1882.1. 
School trustees § 21-1901.1. 
Treasurer, clerks, bonds § 14-1423. 
CHILDREN 
Assistance grant dependent § 71-95. 



CHILDREN— Cont'd 
Guardian. 

Appointment § 31-1. 

Removal 31-1. 
CIRCUIT COURT 
Jurors, pay, Sumter County § 38-308. 
State Hospital, person charged with crime, 

admit to § 32-1024. 
Terms 

Allendale County § 15-286. 

Clarendon County § 15-264. 

Lee County § 15-264. 

Sumter County § 15-264. 
CIVIL DEFENSE 

State agree with other states for mutual 
helpfulness in, emergency § 44-415. 

Terms of compact § 44-416. 
CLAIMS 
Decedent's estate, time institute action after 

disallowance § 19-483. 
CLARENDON COUNTY 
Circuit court, term § 15-264. 
Music machine, operation outside of muni- 
cipalities § 5-625. 
CLARK HILL 
Reservoir. 

Fishing regulations §§ 28-1257, 28-1258. 

Permits fish in portion of §§ 28-1251, 28- 

1252. 
U. S. property in area sold or leased, funds 

remit to counties § 1-872. 
CLINICS 

Maintenance for mentally ill § 32-998. 
CLINTON NEWBERRY NATURAL 

GAS AUTHORITY 
Members, duties, etc. § 59-95.3. 
COLLETON COUNTY 
School funds, disbursement § 21-2187. 
School trustees § 21-2179.1. 
COMMISSIONERS OF PUBLIC 

WORKS 
Abolished and duties devolved. 

Myrtle Beach § 59-174. 
COMMITTEE 

See Mental Health, also Mentally 111. 
Mentally ill §§ 32-952, 32-956, 32-966, 32- 

1013. 
COMMON PLEAS 

See Circuit Court. 
COMMUTATION TAX 

See Road Tax. 
COMPENSATION 
Unemployment. 

See Unemployment Compensation. 
Workmen's. 

See Workmen's Compensation. 
CONDEMNATION 

See Eminent Domain. 
CONSTITUTION OF SOUTH CARO- 
LINA 
Amendments ratified. 

Bonded indebtedness, Lockhart school 
district, Union County, Const, of S. C, 
Art. X, § 5. 
Bonded indebtedness. 

Union County, Lockhart school district, 
Const, of S. C, Art. X, § 5. 
COOPERATIVE CREDIT UNION 

See Credit Unions. 
CORONER 
Warrant issued by, preliminary hearing 

§ 43-231.1. 



CORPORATIONS 

Cooperative credit union. 

See Credit Unions. 
Credit union. 

See Credit Unions. 
Directors, number § 12-52. 
COST 

See Fees. 
COTTON 
Weigher 

Aiken County, Aiken township § 13-227.1. 

Pay. 

Heath Springs § 13-228. 
Kershaw § 13-228. 
Lancaster § 13-228. 
COUNTIES 

See particular county also. 
Employees, retirement § 61-33. 
New, transfer of certain estates to § 31-106. 
Roads add to or eliminate from State high- 
way secondary system §§ 33-106.1, 33- 

106.2. 
Statement from another, employee taking 

written, give copy § 1-6S. 
Taxes, obligations exempt from § 65-9. 
U. S. funds remit to § 1-872. 
COUNTIES BETWEEN 41,000 and 43,- 

000 
Electric, water, fire and sewer districts in 
unincorporated communities. 

Provide water, sewerage and fire protec- 
tion outside 59-609.1. 
COUNTY AUDITOR 
Term, Sumter County § 65-1746.1. 
COUNTY BOARD OF COMMISSION- 
ERS 
Clerks, bonds, Chesterfield County § 14- 

1423. 
Term, Richland County § 14-3201. 
COUNTY BOARD OF DIRECTORS 
Darlington County § 14-1661. 
COUNTY COURTS 
Darlington County § 15-1581 et seq. 
Florence County, judge § 15-1602.1. 
COUNTY MANAGER 
Chester County § 14-1366.1. 

Duties § 14 -1366.1 et seq. 
Darlington County § 14-1665. 
COUNTY SUPERVISOR 
Duties, Anderson County § 14-863. 
Purchases, Spartanburg County § 14-3307. 
Term, Richland County § 14-3201. 
COUNTY TREASURERS 
Clerks, bonds, Chesterfield County § 14- 

1423. 
Salary, Hampton County § 14-2270. 
COURTS 

See particular court. 
Motor vehicle convictions and judgments, 

report § 46-951. 
COWPENS 
Tax levy § 47-244. 
CREDIT UNIONS 
Activities engage in § 8-704. 
By-laws § 8-705. 
Capital stock § 8-708. 
Committeemen. 

Oath § 8-713. 

Pay § 8-714. 

Suspension § 8-716. 

Term § 8-713. 



CREDIT UNIONS— Cont'd 

Committees § 8-711. 

Decisions § 8-717. 

Powers § 8-716. 
Defined § 8-701. 
Directors § 8-711. 

Decisions § 8-717. 

Powers § 8-715. 
Dissolution § 8-726. 
Dividends, payment of §§ 8-720, 8-721. 
Fiscal year § 8-706. 
Guaranty fund § 8-722. 
Incorporation § 8-703. 
Investments § 8-723. 
Loans. 

Approval § 8-718. 

Payment of § 8-711 
Meetings § 8-717. 
Members. 

Entrance requirements § 8-710. 

Expulsion § 8-724. 

Withdrawing or expelled, settlement § 
8-725. 
Membership entrance requirements § 8-710. 
Officers § 8-712. 

Oath § 8-713. 

Pay § 8-714. 

Suspension § 8-716. 

Term § 8-713. 
Reports § 8-707. _ 
Shares and deposits of minors and trustees 

§ 8-709. 
Supervision § 8-702. 
Use of words "cooperative credit union" 

§ 8-727. 
CRIMINAL PROCEDURE 
Witness, examination concerning written 

statement made to public employee § 

17-513.1. 
DARLINGTON COUNTY 
Attorney § 14-1672. 
Board of directors § 14-1661. 
Borrow § 14-1698. 
Budgets § 14-1692. 
Clerk §§ 14-1665, 14-1695. 
Duties and powers §§ 14-1664, 14-1691. 
Manager §§ 14-1665, 15-1666, 14-1681. 
Meetings § 14-1663. 
Officers § 14-1662. 
Road program § 33-1566. 
Board of tax assessors § 65-1809.1. 
Board of tax equalization § 65-1865.1. 
Borrow § 14-1698. 
Civil and criminal court §§ 15-1581 et seq. 

Appeals § 15-1599.3. 

Evidence § 15-1596. 

Bailiffs § 15-1589. 

Civil jurisdiction § 15-1592. 

Clerk § 15-1587. 

Court of record § 15-1591. 

Judge. 

Appointment, term, oath, powers §§ 

15-1582, et seq. 
Office § 15-1584. 
Salary § 15-1583. 
Special § 15-1586. 
Vacancy § 15-1586. 
Jurisdiction § 15-1593. 
Special referee § 15-1585. 

Judgments, entry of § 15-1594. 

Jurisdiction §§ 15-1591, 15-1592, 15- 
1592.1. 



DARLINGTON COUNTY— Cont'd 

Civil and Criminal Court — Con't 

Jurors. 

Drawing and summoning § 15-1599. 
Pay § 15-1599.2. 
Strikes § 15-1599.1. 

Jurv commissioners § 15-1598. 

Jury trial § 15-1597. 

Pleadings, procedure, practice § 15-1596. 

Provisions applicable § 15-1594. 

Records § 15-1587. 

Sheriff § 15-1588. 

Stenographer § 15-1590. 

Terms § 15-1595. 

Witnesses, pay § 15-1599.2. 
Claims paid, report on § 14-1695. 
Disbursements § 14-1,694. 
Farmers marketing commission § 3-266.21. 
Purchases § 14-1681 
Road program § 33-1566. 
Sanitary and drainage commission §§ 18-8, 

18-71. 
School tax levy § 21-2254.1. 
Sinking fund commission § 14-1701. 
DEATH 
Records of, when certified copies free §§ 

32-1124, 44-660. 
DEFENSE 

See Civil Defense. 
DEPOSIT 

See Safety Deposit Box. 
DEPOSIT BOX 
Safety deposit box. 

See Safety Deposit Box. 
DILLON COUNTY 
Board of education § 21-2341. 
School districts § 21-2401. 
School finances § 21-2404. 
Schools, establishment § 21-2402. 
School taxes § 21-2411. 
School trustees § 21-2403. 
DIRECTORS 
Corporation § 12-52. 
DIVORCE 

Habitual drunkenness defined § 20-101. 
Record free, when §§ 32-1124, 44-660. 
DOGS 
Taxation, considered property when exempt 

from § 6-151. 
DOWER 

Incompetent wife, divestment of § 19-146. 
DRUNKENNESS 
Divorce, defined for § 20-101. 
DUNCAN 

Mayor and aldermen, term § 47-114. 
EARMARK 
Certificate as evidence of ownership § 26- 

108. 
EDUCATION 

See Schools and School Districts. 
ELECTIONS 
Candidate, defamatory statement over 

radio, liability of broadcasting company 

§ 23-7. 
Municipal, candidate's pledge, Richland 

County § 23-265.1. 
Voting precincts. 

See Voting Precincts; also particular 
county. 



ELECTRICITY 

Fish, not use to catch § 28-672. 
Liquefied petroleum gas appliance or sys- 
tem, not ground electrical apparatus to 
§ 66-437. 
EMINENT DOMAIN 
Municipalities § 47-1302 et seq. 
EMPLOYER AND EMPLOYEE 
Apprentice, illtreating § 20-301. 
Public employee taking written statement 
from another, give copy § 1-65. 
Criminal proceedings concerning state- 
ment, examination of witness § 17- 
513.1. 
Evidence, admissibility of statement in 
§ 26-7.1. 
Retirement, state, system § 61-33. 
Unemployment Compensation. 

See Unemployment Compensation. 
Workmen's Compensation. 

See Workmen's Compensation. 
EMPLOYMENT SECURITY COMMIS- 
SION 
See Unemployment Compensation. 
EQUALIZATION 

See Taxes and Taxation. 
EVIDENCE 

Brand or earmark as ownership of live- 
stock § 26-108. 
Motor Vehicle Safety Responsibility Act 

reports, etc. § 26-107. 
State hospital officer testify by commission 

§ 26-604. 
Trade-mark registration § 26-104.1. 
Written statement made to public em- 
ployee, admission §§ 17-513.1, 26-7,1. 
EXECUTOR AND ADMINISTRATOR 
Claim against decedent's estate. 

Time institute action after disallowance 
§ 19-483. 
Investments § 67-58. 
EXHIBIT 

See Sunday 
EXPLOSION 

Liquefied petroleum gas, report § 66-439. 
EXPLOSIVE 

Fish, not use take or secure; possession in 
boat §§ 28-672, 28-674. 
Failure report § 28-676. 
FAIR 

Exhibition, Aiken County § 5-2. 
FAIRFIELD COUNTY 
School budgets, etc. § 21-2601. 
School district § 21-2578. 
Trustees § 21-25S0. 
Area § 21-2600. 
School taxes § 21-2617. 
School trustees § 21-2580. 

Area advisory § 21-2600. 
Superintendent of education § 21-2596. 

Duties and powers § 21-2597. 
FEES 

Horry County §§ 27-62, 27-801. 
Master, Chesterfield County § 27-203.10 
Probate judge § 27-303. 
FIDUCIARY 
Investments § 67-58. 
FINES AND PENALTIES 
Fish and game § 28-11. 



FIRE 

Liquefied petroleum gas, report § 66-439. 
Protection. 

Counties between 41,000 and 43,000 § 
59-609. 1. 
FISCAL YEAR 
Abbeville County § 14-17. 
Richland County § 14-17. 
FISH, OYSTERS, ETC. 
Angler's license §§ 28-551, 28-553. 
Artificial lake in Game zone 2, minimum 

size game fish catch § 28-593. 
Atlantic States Marine Fisheries Commis- 
sion. 

Members § 28-201. 
Boat, fishing from in Catawba River, York 

County § 28-1207. 
Catawba River, York County § 28-1207. 
Catfish, game zone 7 § 28-667. 
Clark's Hill reservoir, permit fish in §§ 28- 
1251, 28-1252. 

Receipts, use of § 28-1256. 

Regulations for fishing §§ 28-1257, 28- 
1258. 
Commercial Fisheries Advisory Board § 
28-99. 

Actions against § 28-100. 

Advise director of division of commercial 
fisheries § 28-101. 

Hearings § 28-100. 

Duties, etc. §§ 28-757 et seq. 
Confiscated, sale § 28-9. 
Discharge of injurious substances into 

waters § 28-672. 
Dynamite, not use catch §§ 28-672, 28- 
674. 

Failure report § 28-676. 
Electricity, not use catch § 28-672. 
Excessive possession, game zone 7, pre- 
sumption from § 28-667.1. 
Explosives, not use catch § 28-674. 
Failure report § 28-67. 
Fisheries. 

Department, jurisdiction §§ 28-159 et seq. 

Division, jurisdiction §§ 28-161 et seq. 
Game fish. 

Methods use catch § 28-571. 

Sale or traffic in § 28-691. 

Size catch in certain waters in Game 
zone 2 § 28-593. 
Georgia, reciprocal agreement with, as to 

recognition of licenses in certain waters 

§ 28-559. 
Hatcheries §§ 28-711, 28-712. 

U. S., lands for § 28-712. 
Licenses. 

Angler's § 28-551. 

Nonresident § 28-554. 

Design, qualitv § 28-6. 

Exemptions §§ 28-31, 28-32. 

Georgia, recognition of, in certain waters 
§ 28-559. 
Migration, obstruction to § 28-649. 
National forest lands, wildlife on, protection 

and management § 28-42. 
Nets. 

Confiscation and destruction of, game 
zone 7 § 28-666. 

Stealing fish from § 28-640. 

Use of catch nongame fish §§ 28-611, 28- 
612. 



FISH, OYSTERS, ETC.— Cont'd 
Nonresident license § 28-554. 
Nurseries §§ 28-711, 28-712. 
Penalties, general § 28-11. 
Poison, not use catch § 28-672. 
Pond. 

Draw; disposition of § 28-693. 

Permit trap, for propagation § 28-600. 
Possession in excess of legal limits, game 

zone 7 § 28-667.1. 
Public property, on. 

Management and protection § 28-42. 
Revenues go into game protection fund § 

28-13. 
Rod and reel, license use §§ 28-551, 28-553. 
Sale or traffic in § 28-691. 
Sanctuaries §§ 28-716, 28-717. 
Santee-Cooper project. 

Game and fish protection and propaga- 
tion, funds use for § 28-46. 
Savannah River, permits fish in portion of 
§§ 28-1251, 28-1252. 

Receipts, use of § 28-1256. 

Regulations for fishing §§ 28-1257, 28- 
1258. 
Season, close in clear water streams § 28- 

577. 
Set hooks. 

Confiscation and destruction of, game 
zone 7 § 28-666. 

Use in Florence County § 28-661.1. 
State property § 28-3. 

Steven's Creek reservoir, permits fish in 
§§ 28-1251, 28-1252. 

Receipts, use of § 28-1256. 

Regulations for fishing §§ 28-1257, 28- 
1258. 
Streams. 

Clear water, close season in § 28-577. 

Fishing on banks of § 28-8.1. 

Obstructing migration § 28-649. 
Traps 

Confiscation and destruction of, game 
zone 7 § 28-666. 

Pond owner, permit to § 28-600. 

Stealing fish from § 28-640. 

L'se of catch nongame fish §§ 28-611, 

28-612 
Unlawfully possessed, search and seizure 

§ 28-140.1. 
Wildlife resources commission. 

See Wildlife Resources Commission un- 
der Game and Game Laws. 

Hatcheries or nurseries, acquisition §§ 28- 
711, 28-712. 

Hatcheries, provide lands for U. S. § 28- 
712. 
Wildlife resources department. 

See Wildlife Resources Department un- 
der Game and Game Laws. 
Wildlife restoration projects, federal aid for 

§ 28-47. 
FLORENCE 

Agricultural commission § 3-267. 
FLORENCE COUNTY 
Agricultural commission § 3-267. 
Board of education. 

Term § 21-2651. 
Boards of equalization §§ 65-1865.2, 65- 

1865.3. 
Civil court of Florence. 

Judge, salary § 15-1602.1. 



FLORENCE COUNTY— Cont'd 
School. 

District meetings § 21-2655. 
Finances § 21-2655.1. 
Taxes § 21-2657. 

Trustees, duties §§ 21-2653, 21-2653.1. 
Set hooks, use § 28-661.1. 
FOREIGN CORPORATIONS 

See this title under Corporations. 
FOREST ACRES 
Commissioners of public works, election, 

term § 59-172.1. 
Mayor, councilmen; election, term § 47- 

317.1. 
FORT HILL NATURAL GAS AU- 
THORITY 
See Gas. 
Members, etc. §§ 59-96.3 et seq. 
FORTUNE TELLING 
License, Union County § 56-1271.1. 
FRUIT JUICES 
Denned § 65-765 
Security for deposit § 1-745. 
FUR 
Buying, storing and shipping §§ 28-483, 28- 

485. 
License purchase § 28-481. 
GAME AND GAME LAWS 
Bag limits §§ 28-371 et seq. 

Wild turkeys § 28-371. 
Birds. 
Wild. 

Nest and eggs §§ 28-401 to 28-407. 
Transportation § 28-404. 
Wild nongame. 

Not kill, catch or possess § 28-401. 
Plumage, skin or body, sale and pos- 
session § 28-402. 
Sale § 28-402. 
Transportation § 28-404. 
Carriers, receipt and transportation by §§ 

28-384, 28-387, 28-404. 
Catch or kill, not, unlawfully § 28-10. 
Cold storage, keeping in § 28-304. 
Confiscated, sale § 28-9. 
Coyotes. 

Bringing in State § 28-466. 
Killing or trapping § 28-466. 
Open season on § 28-465. 
Releasing § 28-466. 
Deer. 

Beheaded, possession, Game zone 6 § 

28-460.1. 
Hunting at night, forfeitures § 28-457. 
Possession of venison or skins during 

closed season § 28-460. 
Sale § 28-459. 
Doves. 

Bag limit, game zone 4 § 28-335. 
Seasons hunt, Game zone 4 § 28-335. 
Federal Migratory Bird Treaty regulations, 

penalty violate § 28-301. 
Foxes, open season on §§ 28-421, 28-437. 

Game zone No. 2 § 28-422. 
Furs and hides. 

Buying, storing, shipping, etc. §§ 28-483, 

28-485 
Tag §§ 28-483, 28-487. 
License purchase § 28-481. 
Game wardens. 

Badges and bond § 28-133. 
Commissions § 28-132. 



GAME AND GAME LAWS— Cont'd 

Game Wardens — Cont'd 

Duties and powers § 28-140.1. 

Oath § 28-133. 

License, not postdate § 28-318. 

Search and seize certain fish and game 
§ 28-140.1. 
Hunting license § 28-311. 

Design, quality § 28-6. 

Display § 28-320. 

Duplicate § 28-321. 
Exemptions §§ 28-31, 28-32. 

Loan or exchange §§ 28-322, 28-324. 
Not sell or issue out of State § 28-319. 

Post-date, not § 28-318. 
Required § 28-311. 

Sale or issuance out of State § 28-319. 
Laws, application § 28-5.1. 
National forest lands, wildlife on, protec- 
tion and management § 28-42. 
Night hunting § 28-457. 
Penalties, general § 28-11. 
Pheasants. 

Closed season on § 28-332. 

License raise, breed § 28-524. 
Pigeons, not catch or kill certain § 28-464. 
Possession in excess of legal limits, game 

zone 7 § 28-338.2. 
Possession or transportation, unlawful 

§ 28-10. 
Predatory animals, poison § 28-474. 
Public property, or management and pro- 
tection § 28-42. 
Quail, season hunt, Game zone 4 § 28-335. 
Rabbits, destroying crops, kill § 28-471. 
Raccoons, destroying crops, kill § 28-469. 
Revenue go into game protection fund 

§ 28-13. 
Sanctuaries §§ 28-511 et seq. 
Santee-Cooper project, game and fish pro- 
tection and propagation, funds use for 

§ 28-46. 
Seasons, close when conditions abnormal 

§ 28-359. 
Shipment within State § 28-382. 
Squirrels. 

Destroying crops, kill § 28-469. 

Season hunt, Game zone 4 § 28-335. 
Streams, hunting from banks of navigable 

§ 28-8.1. 
Transportation §§ 28-382, 28-387, 28-404. 
Trap, "dead fall" prohibited § 28-489. 
Turkey, wild, bag limit § 28-371. 
Unlawfully possessed, search for and seiz- 
ure § 28-140.1. 
Wildlife Resources Commission. 

Appointment § 28-92. 

Division of commercial fisheries § 28-97. 
Commercial fisheries advisory board 

§ 28-99. 
Director § 28-98. 

Division of game § 28-95. 
Director § 28-96. 

Divisions § 28-94. 

Expenses § 28-93. 

Terms § 28-92. 

Vacancy § 28-93. 
Wildlife resources department. 

Commission, governing body § 28-91. 

Reports and investigations § 28-103. 
Wildlife restoration projects, federal aid 

for § 28-47. 
Wild, State property § 28-3. 



GAME WARDEN 

See Wardens under Game and Game 
Laws. 
GAS 

Clinton Newberry Natural Gas Authority 
§§ 59-95.1 et seq. 

Members, election, etc. §§ 59.95.3 et seq. 

Powers § 59-95.6. 

Rates § 59-95.8. 

Revenues, disposition of net § 59-95.9. 

Service area § 59-95.7. 

Taxes, property exempt from § 59-95.10. 
Fort Hill Natural Gas Authority. 

Appointment, terms, etc. §§ 59-96.3 et 
seq. 

Function § 59-96.1. 

Member towns § 59-96.7. 

Municipal contracts § 59-96.8. 

Powers § 59-96.5. 

Rates § 59-96.9. 

Revenues, disposition of net § 59-96.10. 

Service area § 59-96.6. 

Taxes, property exempt from § 59-96.11. 
Liquefied petroleum gas. 

Appliance or system, not ground electri- 
cal apparatus to § 66-437. 

Board § 66-434. 

Defined § 66-431. 

Equipment for storing, handling, etc. 
§ 66-432. 

Fires and explosions, report § 66-439. 

Hazardous condition, failure to correct 
§ 66-438.2. 

Heating appliance in public place, pilot 
§ 66-437.1. 

Investigations § 66-438.2. 

Licensee, insurance provide § 66-436. 
Insurer cerfify coverage § 66-436.1. 

License manufacture, sell, transport or 
install or service § 66-435. 

Motor vehicles transporting, inspection 
§ 66-438. 

Premises, inspection § 66-438.1. 
GENERAL ASSEMBLY 
House of Representatives. 

Members, apportionment § 30-1. 
GENERAL SESSIONS 

See Circuit Court. 
GEORGETOWN COUNTY 
Magnolia Beach, operation motor vehicles 

on § 46-752. 
Music machine, operation outside of muni- 
cipalities § 5-625. 
GEORGIA, STATE OF 
Fishing licenses, reciprocal agreement as to 

recognition § 28-559. 
GOATS 
Brand or earmark §§ 6-361 et seq. 

See Livestock (this index). 
GREAT FALLS 
Police system § 53-821. 
GREENVILLE COUNTY 
Board and Commission Members. 

Liability for injuries § 72-103. 

Workmen's Compensation Law, exempt 
from § 72-103. 
Magistrates, jurisdiction § 43-802. 
Marketing commission issue bonds § 

3-294.1. 
School district No. 520. 

Claims, payment § 21-2838. 

Finances §§ 21-2831, 21-2832, 21-2836. 



GREENVILLE COUNTY— Cont'd 

School District No. 520 — Cont'd 

Taxation § 21-2832.1. 

Trustees § 21-2821. 

Taxation § 21-2832-1. 
State highway right of way and condemna- 
tion papers, filing in § 33-146.1. 
Voting Precincts § 23-176. 
Workmen's Compensation, personnel ex- 
empt from § 72-103. 
GREENWOOD 

Greenwood recreation district § 51-351. 
Mayor and councilmen, salaries § 47-1601. 
GREENWOOD COUNTY 
Greenwood recreation district § 51-351. 
School taxes § 21-933. 
School trustees, Greenwood-Ninety Six 

school district No. 50 § 21-2910. 
GREER 

Aldermen, election § 47-372.1. 
Wards § 47-321.1. 
GUARDIAN AD LITEM 
Appointment §§ 10-236, 10-238, 32-1011. 
Mentally ill, appointment in action for 

§ 10-236. 
GUARDIAN AND WARD 
Commissions § 31-17. 

Estates, transfer to new county § 31-106. 
Guardian ad litem. 

Appointment §§ 10-238, 32-1011. 

Mentally ill §§ 10-238, 32-1011. 
Investments § 67-58. 
Mentally ill. 

Action, appearance in §§ 10-236, 10-238, 
32-1011. 

Appointment §§ 10-236, 10-238, 31-1, 
32-1011. 

Removal § 31-1. 
Minor. 

Appointment 
32-1011. 

Removal § 31-1. 
Public guardian. 

Probate judge act as § 31-101. 
Appointment §§ 31-102, 31-103. 
Reports § 31-108. 
Removed from State. 

Citation § 31-8. 

Revocation of appointment § 31-9. 
HABEAS CORPUS 
Mentally ill, right of § 32-974. 
HAMPTON COUNTY _ 
Treasurer, salary § 14-2270. 
HEALTH 
County boards. 

Spartanburg County § 32-411. 
Garbage, collection and disposal, Spartan- 
burg County §§ 32-1331 et seq. 
Mental. 

See Mental Health, also Mentally 111. 
Septic tanks, license clean, Spartanburg 

County §§ 32-1331 et seq. 
HEATH SPRINGS 
Cotton weigher, pay § 13-228. 
HEAT 
Heating appliance in public place, pilot 

required § 66-437.1. 
HIDE 
Buving, storing and shipping §§ 28-483, 

28-485. 
License purchase § 28-481. 



§§ 10-236, 10-238, 31-1, 



HIGHWAYS 

See particular county. 
Personalty abandoned on, seizure and dis- 
position §§ 46-482.1 to 46-4S2.8. 
State Highway Department. 

Construct and maintain certain roads in 
Barnwell County § 33-120.6. 

Filing of right of way and condemnation 
papers by § 33-146.1. 

Motor Vehicle Safety Responsibility Act, 
duties as to §§ 46-901 et seq. 

Safety Responsibility Act, administer 
§ 46-921. 
State highway right of way and condemna- 
tion papers, filing § 33-146.1. 
State highway secondary system, additions 
and eliminations §§ 33-106.1, 33-106.2. 
State highway System. 

Anderson County, road substituted § 
33-120.4. 

Barnwell County, add road to § 33-120.6. 

Oconee County § 33-120.37. 
HISTORICAL COMMISSION 
Calhoun County § 14-1121. 
HOGS 
Brand or earmark §§ 3-361 et seq. 

See Livestock. 
HORRY COUNTY 
Board of education § 21-3031. 
Board of tax assessors §§ 65-1836, 65-1837. 
Fees §§ 27-62, 27-801. 
Marketing commission § 3-297. 
Monies received, receipts for § 14-2303.1. 
Schools. 

Finances §§ 21-3055, 21-3056, 21-3058. 

Grammar, supervision § 21-3054. 

Trustees § 21-3053. 
Superintendent of education § 21-3041. 
HORSES 
Brand or earmark §§ 6-361 et seq. 

See Livestock (this index). 
HORSE TRADING 
License, Union County § 56-1271.1. 
HOUSE OF REPRESENTATIVES 

See this title under General Assembly. 
HUSBAND AND WIFE 
Drunkenness as cause for divorce defined 

§ 20-101. 
Incompetent wife, divestment of dower 

§ 19-146. 
INDUSTRIAL COMMISSION 

See Workmen's Compensation. 
INDUSTRIAL SCHOOL FOR NEGRO 

GIRLS 
Commitments to § 55-253. 
INDUSTRIAL SCHOOLS 
Commitments to §§ 55-103.1, 55-155.1, 

55-203.1, 55-253. 
INFANT 

See Children. 
INHABITANTS 
Census U. S., adopted § 1-601. 
INHERITANCE TAX 
Probate judge, fees retain § 27-303. 
INJUNCTION 
Trade-marks § 66-265. 
INMAN 
Mayor and aldermen, election, term § 

47-317.2. 
INSANE PERSON 

See Mental Health, also Mentally III. 



INSURANCE 

Commissioner. 

Liquefied petroleum gas. 

Inspection of premises § 66-438.1. 
Regulations for §§ 66-432, 66-433. 
Companies, investments § 37-149.1. 
Motor Vehicle Safety Responsibility Act. 

See Safety Responsibility Act under 
Motor Vehicles. 
INTEREST 

Refunding revenue bonds § 59-656. 
INVESTIGATIONS 
Public employee taking written statement, 

give copy § 1-65. 
INVESTMENTS 
Banks and trust companies § 8-237. 
Credit Unions § 8-723. 
Fiduciaries § 67-58. 
Insurance companies § 37-149.1. 
JAIL 

Inmate, process, service on § 10-436. 
Mentally ill. 

In § 32-1000. 

Imprisonment § 55-424. 
JASPER COUNTY 
Officers, retirement § 61-601. 
School district § 21-3101. 
Schools. 

Budgets, contracts, etc. §§ 21-3104, 21- 
3109. 21-3111. 

Taxation § 21-3108. 

Trustees § 21-3101. 
JOHN G. RICHARDS INDUSTRIAL 

SCHOOL FOR NEGRO BOYS 
Commitments to § 55-203.1. 
JUDGMENT AND DECREE 
Motor vehicles. 

See Safety Responsibility Act under 
Motor Vehicles. 
JURY AND JURORS 

Commissioners, substitute, Richland Coun- 
ty § 38-51.2. 
Darlington County Court § 15-1599. 
Exemptions § 32-994. 
KERSHAW 

Cotton weigher, pav § 13-228, 
KERSHAW COUNTY 
Music machine, operation outside of muni- 
cipalities § 5-625. 
Recreation commission §§ 51-359.1. 51- 

359.2. 
School?. 

Attendance area § 21-3161. 

Bonds, report on § 21-3176. 

Budgets § 21-3168. 

Trustees §§ 21-3151. 21-3161. 
Meetings § 21-3152. 
Pay § 21-3152. 
Sheriff, election, term § 53-52. 
Superintendent of education § 21-3155. 
LABOR 
Commissioner 

Credit unions, supervise § 8-702. 
LAKE 

See Fish, Ovsters, Etc. 
LANCASTER" 

Cotton weigher, pav § 13-228. 
LANCASTER COUNTY 
Board of education § 21-3221. 
Library, operation § 42-501. 
Real estate, buy and sell § 14-2564.1. 
School district § 21-3201. 



LANCASTER COUNTY— Cont'd 
Schools. 

Boards of visitors § 21-3203. 
Finance §§ 21-3228, 21-3252, 21-3261. 

Taxes § 21-3261. 

Trustees §§ 21-3203, 21-3241. 
Superintendent of education § 21-3212. 
LAND 

See Public Land; also Real Estate. 
LARCENY 
Fish § 28-640. 
LAURENS COUNTY 
Boyd's Mill Pond, minimum size game fish 

catcli § 28-593. 
School District No. 55, payment of claims 

§ 21-953.1. 
School trustees, school district No. 55 

§ 21-3307. 
LEE COUNTY 
Board of education § 21-3351. 
Circuit court, terms § 15-264. 
Library commission, annual meeting § 

42-514. 
Schools. 

Superintendent § 21-3358. 

Taxation § 21-3361. 

Trustees §§ 21-3354, 21-3355. 
Superintendent of education § 21-3353.1. 
LEXINGTON COUNTY 
Batesburg-Leesville District No. 3. 

Liability of Saluda County area of § 21- 
3427. 

Taxes § 21-3426. 

Trustees § 21-3425. 
Board of education § 21-3401. 
Schools. 

Tax levy § 21-3422. 

Trustees § 21-3412. 
LIBRARY 

Lancaster County § 42-501. 
Lee County public library commission § 

42-514. 
LICENSE 

See Taxes and Taxation. 
Garbage, collect, Spartanburg County §§ 

32-1331 et seq. 
Hunting §§ 28-311 et seq. 
Liquefied petroleum gas, manufacture, sell, 
transport or install or service § 66-435. 
Septic tanks, clean, Spartanburg County 

§§ 32-1331 et seq. 
LIEN 

State mental health facility, care or treat- 
ment § 32-1016. 
LIMITATION OF ACTIONS 
Decedent's estate, claim against § 19-483. 
Motor carrier for undercharge or over- 
charge § 10-145. 
LIVESTOCK 
Brand. 

Abandonment § 6-369. 

Application for adoption § 6-366. 

Cancellation § 6-380. 

Certificate § 6-366. 

Expiration § 6-367. 

Evidence of ownership § 26-108. 

Individual, for wife, minor or guardian 
§ 6-364. 

Notice of expiration § 6-368. 

Purchased or acquired § 6-383. 

Records § 6-385. 



LIVESTOCK— Cont'd 

Brand — Cont'd 

Registration §§ 6-361 et seq. 

Revocation § 6-381. 
Time § 6-382. 
Transfer § 6-370. 
Unlawful, when § 6-386. 
Defined for sales and use taxes § 65-1404. 
Earmark § 6-363. 
Evidence of ownership § 26-108. 
LOANS 

Cooperative credit union § 8-718. 
Credit union § 8-718. 

See Credit Unions. 
McCORMICK COUNTY 
Board of assessors and equalization § 

65-1857.1. 
Board of equalization § 65-1857.1. 
MAGISTRATES 
Jurisdiction. 

Chester County § 43-670. 

Greenville County § 43-802. 
Warrant issued by coroner charging crime 

beyond jurisdiction of, preliminary hear- 
ing on § 43-231.1. 
MAGNOLIA BEACH 
Motor vehicles, operation on § 46-752. 
MARKET 
Commission. 

Greenville County, issue bonds § 3-294.1. 

Horry County § 3-297. 
MARLBORO COUNTY 
Board of tax assessors § 65-1832. 
Tax return forms § 65-1642.1. 
Tax returns, preparation, etc. § 65-1644.1. 
MARRIAGE 

Record free, when §§ 32-1124, 44-660. 
MASTER 

Fees, Chesterfield County § 27-203.10. 
MEDICAL COLLEGE' OF SOUTH 

CAROLINA 
Name changed to § 22-359. 
MENTAL HEALTH 

See Mentally 111. 
Authority § 32-981. 

Duties and powers §§ 32-982 et seq. 
Commission. 

Appointment § 32-981. 

Clinics § 32-982. 

Contract for care and treatment § 32- 
1015. 

Contracts § 32-997. 

Duties and powers §§ 32-982 et seq. 

Easements to public service companies 
§ 32-996. 

Patients, duties as to § 32-982. 

Report § 32-985. 

Secretary § 32-986. 

State director, appoint § 32-986. 

Term § 32-981. 
Examinations of patients and trainees § 

32-971. 
Hospitalization. 

Admission for §§ 32-958, 32-96S, 32-1021, 
32-1022, 32-1023. 

Care or treatment by United States § 
32-968. 

Involuntary, reexamination of order 
§ 32-970. 
Patients and trainees. 

Examinations § 32-971. 
State director § 32-986. 



MENTAL HEALTH— Cont'd 

State hospitals. 

See State mental health facilities under 
this title. 
Admission to §§ 32-958, 32-968, 32-1021, 
32-1022, 32-1023. 
Party notify of § 32-1025. 
Discharge §§ 32-1006, 32-1009, 32-1010, 

32-1027. 
Patients, assistance render involuntary 

§ 32-1026. 
Person charged with crime, admission to 

§ 32-1024. 
Reconfinement § 32-1028. 
State mental health facilities § 32-998. 
Clinics § 32-998. 

Confinement unwarranted § 32-976. 
Detention pending removal § 32-1002. 
Employees § 32-992. 

Exempt from jury and military duty 

§ 32-994. 
Salaries § 32-993. 
Examinations § 32-971. 
Epileptic, harmless § 32-1005. 

Transfer § 32-1005. 
Harmless mental defective § 32-1005. 

Transfer § 32-1005. 
Infirmed § 32-1005. 

Transfer § 32-1005. 
Lien for care and treatment § 32-1016. 
Maintain § 32-998. 
Marshals § 32-995. 
Officer testify by commission in civil 

cause § 26-604. 
Patient or trainee. 

Care or treatment by United States 

§ 32-968. 
Committee for §§ 32-952, 32-956, 32- 
966, 32-1013. 
Discharge §§ 32-972, 32-1006,32-1009, 
32-1010, 32-1026, 32-1029. 
Denial § 32-973. 
Leave of absence § 32-1010. 
Liability of estate for care § 32-1017. 
Maintenance and care, charges for § 

32-1014. 
Nonresident § 32-1003. 
Not a citizen of United States § 32- 

1004. 
Privileges of § 32-1007. 
Records, disclosure of § 32-975. 
Service of process on § 10-436. 
Sexual intercourse with § 32-1012. 
Superintendents § 32-991. 

Guardian ad litem, appointment of § 

32-1011. 
Service of process on § 32-1011. 
Transfers § 32-1008. 
Transportation to § 32-1001. 
State training schools. 

See also under this title State mental 
health facilities. 
Admission §§ 32-1032, 32-1033. 
Areas § 32-1031. 
Discharge § 32-1040. 
Interference with return of trainee § 

32-1043. 
Leave of absence § 32-1041. 
Reconfinement § 32-1042. 
MENTALLY ILL. 

See Mental Health. 
Action, appearance in § 10-236. 
See Guardian ad Litem. 



MENTALLY ILL— Cont'd 
Care or treatment bv U. S. § 32-968. 
Committee §§ 32-952, 32-956, 32-966, 32- 
1013. 
Commissions § 31-17. 
Investments § 67-58. 
Removed from State. 
Citation § 31-8. 

Revocation of appointment § 31-9. 
Confinement unwarranted § 32-976. 
Denial of right § 32-976. 
Estates, transfer to new countv § 31-106. 
Guardian ad litem §§ 10-236, 10-238, 32- 

1011. 
Guardian, appointment, removal § 31-1. 
Habeas corpus § 32-974. 
Hospitalization. 

Discharge §§ 32-972, 32-1026. 

Denial § 32-973. 
Involuntary § 32-1023. 

Re-examination of order of confine- 
ment § 32-970. 
Voluntary §§ 32-958, 32-1022. 
Illtreating § 20-301. 
Imprisonment § 55-424. 
Jail, in § 32-1000. 
Maintenance and care by State, lien for 

§ 32-1016. 
Patients and trainees, habeas corpus § 32- 

974. 
Process, service on § 10-436. 
Public guardians § 31-101. 
State institutions, in § 32-999. 
Wife, divestment of dower § 19-146. 
MILITARY 

Duty, exemptions § 32-994. 
MOTION PICTURES 
Exhibition on Sunday, city of 6,225 to 6,- 

250 § 5-103. 
MOTOR CARRIER 

See Carriers under Motor Vehicles. 
MOTOR VEHICLES 
Abandonment on the highways, disposition 

§§ 46-482.1 to 46-4S2.8. 
Carriers, actions for undercharges or over- 
charges, limitation of § 10-145. 
Driver's license. 

Surrender under Safety Responsibilitv 

Act § 46-924. 
Suspension § 46-932. 
Liquefied petroleum gas, transporting, in- 
spection § 66-438. 
Magnolia Beach, operation on § 46-752. 
Operators, liability §§ 46-901 et seq. 
Registration. 

Surrender under Safety Responsibilitv 

Act § 46-924. 
Suspension § 46-932. 
Motor Vehicle Safety Responsibility Act 
See Safety Responsibility Act under this 
title. 
Safety Responsibility Act. 
Accidents. 

Security following § 46-932. 

Custody, disposition and return § 46- 

937. 
Failure, suspend license, etc. § 46- 
932. 
Duration of suspension §§ 46-934, 
46-952, 46-953. 
Form and amount §§ 46-935, 46-936. 
Report § 46-931. 



MOTOR VEHICLES— Cont'd 

Safety Responsibility Act — Cont'd 
Administration §§ 46-921 et seq. 
Bail forfeitures. 

Proof required upon certain §§ 46-959 
et seq. 
Convictions. 

Courts report § 46-951. 
Proof required upon certain §§ 46-959 
et seq. 
Definitions § 46-902. 
Drivers, unlicensed, application to § 46- 

939. 
Evidence in civil suits § 26-107. 
Evidence, report, etc. as, in civil action 

§ 26-107. 
Exceptions § 46-907. 
Financial responsibility for future, proof 

§§ 46-951 et seq. 
Insurance, self-insurer § 46-906. 
Judgments 

Bankruptcy, discharge in § 46-954. 
Courts report nonpayment § 46-951. 
Installment payment § 46-958. 

Default § 46-958. 
Suspension driver's license, etc., for 
nonpayment § 46-952. 
Term § 46-953. 
Lessor, rights of § 46-904. 
License 

Judgment debtor § 46-955. 
Surrender of § 46-924. 
Mortgagee, rights of § 46-904. 
Motor vehicles. 

Operation by employees §§ 46-925, 46- 

926. 
Unregistered, application to § 46-939. 
Nonresidents. 

Suspension of operating privilege, give 

notice § 46-940. 
Operating privileges, suspend § 46-932. 
Duration of suspension § 46-934. 
Penalties §§ 46-1001 et seq. 
Process, other, effect on § 46-905. 
Proof of financial responsibility. 

Alternate methods of giving § 46-963. 
Bond as §§ 46-981 et seq. 
Cancellation or return § 46-991. 
Duration § 46-991. 
Insurance §§ 46-964 et seq. 
Assigned risk plans § 46-965. 
Binders § 46-977. 

Cancellation or termination § 46-978. 
Certificate § 46-964. 
Default by unauthorized carrier § 

46-967. 
Effect on other policies § 46-979. 
Insurer § 46-976. 
Money or securities as §§ 46-985 et 

seq. 
Motor vehicle liability policy §§ 46- 

902, 46-970. 
Nonresident, certificate furnished by 

§ 46-966. 
Operator's policy § 46-969. 
Owner's policy § 46-968. 
Provisions in § 46-972. 
Other, may be required § 46-990. 
Owner may give, for others § 46-988. 
Reestablishment § 46-992. 
Substitution § 46-989. 
When required §§ 46-959 to 46-962. 
Records § 46-923. 



MOTOR VEHICLE— Cont'd 

Safety Responsibility Act — Cont'd 

Registration. 

Sale when, suspended § 46-903. 
Surrender of § 46-924. 
Transfer to defeat § 46-903. 

State Highway Department 
Administer § 46-921. 

Appeal § 46-922. 
Furnish operating records § 46-923. 

Supplemental to motor vehicle laws § 
46-908. 

Vendor, rights of § 46-904. 

Violations; penalties §§ 46-1001 et seq. 
Veterans, certain, tax exempt § 65-1522. 
MULES 
Brand or earmark §§ 6-361 et seq. 

See Livestock (this index). 
MUNICIPAL CORPORATIONS 
Aldermen. 

See Mayor and aldermen this title. 

Greer § 47-372.1. 
Bonds. 

Issuance. 
See Bonds. 
City of 6,225 to 6,250. 

Exhibition of motion pictures, athletic 
sports and musical concerts on Sun- 
day § 5-103. 
Commissioners of public works. 

Forest Acres § 59-172.1. 
Condemn property §§ 47-1302 et seq. 
Councilmen, terms. 

Seneca § 47-323.2. 
Elections. 

See Elections. 

Candidate's pledge, Richland County § 
23-265.1 
Employees, retirement § 61-33. 
Intendant and wardens, West Union § 47- 

112. 
Mayor and aldermen. 

Camden § 47-631. 

Campobello § 47-114. 

Chesnee § 47-313.1. 

City not over 10,000 § 47-52.1. 

Duncan § 47-114. 

Forest Acres § 47-317.1. 

Greenwood, salaries § 47-1601. 

Inman § 47-317.2. 
Statement from another, employee taking 

written, give copy § 1-65. 
State highway secondary system. 

Roads to or from § 33-106.2. 
Taxes, obligations exempt from § 65-9. 
Tax levy. 

Bishopville § 47-24S.1. 

Chesnee § 47-244. 

Cowpens § 47-244. 

Ocean Drive Beach § 47-172.1. 

Ridgeway § 47-172.2. 

St. George § 47-250. 
Towns over 200, receipts and disburse- 
ments, Union County § 47-808. 
MUSICAL CONCERTS 
Exhibition on Sunday, city of 6,225 to 6,250 

§ 5-103. 
MUSIC MACHINES 
Hours operate. 

Clarendon, Georgetown, Kershaw and 
Richland Counties § 5-625. 



MYRTLE BEACH 

Commissioners of public works abolished § 

59-174. 
NAME 

Medical College of S. C. § 22-359. 
NATURAL GAS 

See Gas. 
NEWBERRY COUNTY 
Board of education § 21-3599. 
Boards of tax assessors, appoint § 65-1802. 
Road tax, no § 33-1206. 
Schools § 21-915. 

Taxation § 21-3602. 

Trustees § 21-3614. 
Superintendent of education, duties of § 

21-3601. 
Tax districts § 65-1508. 
NONRESIDENT 

See Safety Responsibility Act under 
Motor Vehicles. 
Mentally ill § 32-1003. 
NOTES 

See Banks. 
OBLIGATIONS 

See Bonds. 
OCEAN DRIVE BEACH 
Tax levy § 47-172.1. 
OCONEE COUNTY 
School trustees § 21-3662. 
State highway system. 

Road removed from § 33-120.37. 
OFFICERS 

Hours, Chester County § 14-1357. 
Statement secured from another, give copy 

§ 1-65. 
ORANGEBURG COUNTY 
Voting precincts § 23-191. 
ORPHANS 
Fish and hunt without license, certain 

§ 28-32. 
PARTRIDGE 

See Game and Game Laws. 
PELTS 
Buying, storing and shipping §§ 28-483, 28- 

485. 
License purchase § 28-481. 
PERSONAL PROPERTY 
Abandonment on highway, disposition § 46- 

482.1 to 46-482.8. 
PETROLEUM 
See Liquefied Petroleum Gas. 
PHEASANTS 

See Game and Game Laws. 
PHONOGRAPHS 
Hours operate. 

Clarendon, Georgetown, Kershaw and 
Richland Counties § 5-625. 
PHYSICAL THERAPY 
Annual fee § 56-1335.12. 
Certificates and permits §§ 56-1335.10, 56- 

1335.11. 
Examinations § 56-1335.9. 
False oath or representation § 56-1335.18. 
Penalties § 56-1335.17. 
Practice § 56-1335 et seq. 
Practice of other forms of therapy, massag- 
ing or related treatment § 56-1335.16 
Registration §§ 56-1335.7, 56-1335.8, 56- 
1335.11, 56-1335.13. 

Applicants for § 56-1335.8. 

Extension § 56-1335.12. 

Fee § 56-1335.12. 

Inactive list § 56-1335.12 



PHYSICAL THERAPY— Cont'd 

Registration — Cont'd 
Reciprocal § 56-1335.13. 
Refusal, suspension or revocation § 56- 
1335.14. 

State board § 56-1335.2. 
Investigations § 56-1335.5. 
Funds § 56-1335.3. 
Reports § 56-1335.6. 
Rules, records § 56-1335.4. 
Seal § 56-1335.3. 

Treatment of human ailments § 56-1335.15. 

PHYSICIANS AND SURGEONS 

Physical therapy, practice of §§ 56-1335 et 
seq. 
See Physical Therapy. 

PICCOLOS 

Hours operate. 

Clarendon, Georgetown, Kershaw and 
Richland Counties § 5-625. 

PICKENS COUNTY 

Auctioneer § 15-1913. 

Board of education § 21-3791. 

School district of, trustees § 21-3800. 

School trustees § 21-3800. 

POISON 

Fish, not use, to catch § 28-672. 

POLICE 

Commission and system. 
Great Falls § 53-821. 

POPULATION 

Census § 1-601. 

PORTER 
See Beer. 

POULTRY 

Sales and use taxes, defined for § 65-1404. 

PRELIMINARY HEARING 

Warrant issued by coroner § 43-231.1. 

PRISONS ANDPRISONERS 

Inmate, process, service on § 10-436. 

Mentally ill, imprisonment § 55-424. 

State Hospital, admission to § 32-1024. 

PROBATE COURT 

Mental health facilities, duties as to admis- 
sion to § 32-958. 

PROBATE JUDGE 

Inheritance tax fees retain § 27-?i03. 

Jurisdiction §§ 15-444, 31-1. 

Mentally ill, committee for §§ 32-952, 
956, 32-966, 32-1013. 

Mentally incompetent, guardian for, 
pointment and removal § 31-1. 

Minors, appointment and removal of guard- 
ians § 31-1. 

Public guardian § 31-101. 

Transfer of certain estates to new county § 
31-106. 

PROCESS 

Service on prisoner or mental patient § 10- 
436. 

State mental health facility, service of proc- 
ess on patients § 32-1011. 

PUBLIC EMPLOYEES 

Statement from another, taking written, 
give copy § 1-65. 

PUBLIC SERVICE COMPANIES 

Easements over state mental health facili- 
ties for § 32-996. 

PUBLIC WELFARE 

Assistance. 

Blind § 71-114. 

Child, dependent § 71-95. 



32- 



ap- 



PUBLIC WELFARE— Cont'd 

Blindness, examination determine § 71- 
115.1. 

PURCHASES 

Agent, Chester County § 14-1366.4. 

RABBITS 

See Came and Game Laws. 

RADIO 

.Liability of broadcasting station for de- 
famatory statement by political candidate 
§ 23-7 

REAL ESTATE 

Lancaster County buy and sell § 14-2564.1. 

RECORDS 

Issue certified copy of birth, death, mar- 
riage and divorce, free for certain pur- 
poses §§ 32-1124, 44-660. 

RECREATION 

Commission. 

Kershaw County §§ 51-359.1, 51-359.2. 

Greenwood recreation district § 51-351. 

REFERENCE 

Darlington County judge act as special ref- 
eree § 15-1585. 

REGISTRATION 

Brands for livestock §§ 6-361 et seq. 

Earmarks for livestock §§ 6-361 et seq. 

Physical therapists §§ 56-1335.7, 56-1335.8, 
56-1335.11, 56-1335.13. 

Trade-marks §§ 66-251 et seq. 

RETAIL SALES TAX 
See Sales and Use Taxes. 

RETIREMENT 

Jasper County § 61-601. 

S. C. retirement system. 

Membership; withdrawal § 61-34. 
Prior service credits, claims for § 61-51. 

RICHLAND COUNTY 

County board of commissioners, term § 
14-3201. 

Fiscal year § 14-17. 

Jury commissioners, substitutes § 38-51.2. 

Municipal election. 

Candidate's pledge § 23-265.1. 

Music machines, operation outside of mu- 
nicipalities § 5-625. 

School trustees §§ 21-3882, 21-3882.1, 21- 
3884, 21-3885. 

Supervisor, term § 14-3201. 

RIDGEWAY 

Tax levy § 47-172.2. 

ROADS 

See Highways. 

ROAD TAX 

Newberry County § 33-1206. 

ROD AND REEL 

See Fish, Oysters, Etc. 

RULES AND REGULATIONS 

Branding or earmarking livestock § 6-387. 

SAFETY DEPOSIT BOXES 

Contents. 

Removal of §§ 8-597 to 8-598. 
Sale § 8-599. 

Decedent, removal of property of § 8-596. 

Fiduciary, access to box of § 8-594. 

Lessor, refusal of access to property by § 
8-595. 

Rent, failure to pay § 8-597. 

Use of words "safe deposit" or "safety de- 
posit" § 8-600. 



ST. GEORGE 

Tax levy § 47-250. 

SALES 

Personalty abandoned on highway § 46- 

482.6. 
SALES AND USE TAXES 
"Baby chicks and poults" defined § 65-1404. 
"Livestock" defined § 65-1404. 
SALUDA COUNTY 

Batesburg-Leesville District No. 3 of Lex- 
ington County. 

Liability of Saluda County area of § 21- 
3425. 

Tax levy § 21-3425. 

Trustees § 21-2425. 
Board of equalization § 65-1857.1. 
Board of tax assessors § 65-1857.1. 
High school districts. 

Finances §§ 21-3964 et seq. 
SANITARY AND DRAINAGE COM- 
MISSIONS 
Darlington County §§ 18-8, 18-71. 
SANTEE-COOPER 
Game and fish protection and propagation, 

funds use for § 28-46. 
SAVANNAH RIVER 

Permits fish in portion of §§ 28-1251, 28- 
1252. 

Fishing regulations § 28-1257, 28-1258. 
SCHOOLS AND SCHOOL DISTRICTS 
Aiken County § 21-1031. 
Attendance areas. 

Berkeley County § 21-1453. 
Trustees § 21-1455. 

Kershaw County § 21-3161. 
Bonded indebtedness, Union County, Lock- 
hart Const, of S. C, Art. X, § 5. 
Claims, payment. 

Greenville County, No. 520 § 21-2838. 

Laurens County, No. 55 § 21-953.1. 

Saluda County § 21-3966. 
Consolidation 

Election on, Anderson County § 21-1159. 

Spartanburg County § 21-4015. 
County boards of education. 

Aiken County §§ 21-1035.1, 21-1039. 

Anderson County § 21-1152. 

Dillon County § 21-2341. 

Florence County § 21-2651. 

Horry County § 21-3031. 

Lancaster County § 21-3221. 

Lee County § 21-3351. 

Lexington County § 21-3401. 

Members, qualifications § 21-101a. 

Newberrv County § 21-3599. 

Pickens County § 21-3791. 

School employees, eligibility to be mem- 
bers § 21-101a. 

Spartanburg County § 21-4001. 

Sumter County § 21-4063. 

Union County § 21-4151. 

Williamsburg County § 21-4201. 
County superintendents of education. 

Fairfield County § 21-2596. 

Horrv County § 21-3041. 

Kershaw County § 21-3155. 

Lancaster County § 21-3212. 

Lee County § 21-3353.1. 

Newberry County § 21-3601. 

Spartanburg County §§ 21-4013, 21-4014. 

Union County § 21-4157. 



SCHOOLS AND ETC.— Cont'd 
Dillon County § 21-2401. 
Finances. 

Aiken County §§ 21-1040, 21-1053. 

Berkeley County § 21-1457. 

Colleton County § 21-2187. 

Dillon County §§ 21-2403, 21-2404. 

Fairfield County § 21-2618 et seq. 

Florence County § 21-2655.1. 

Horry County §§ 21-3055, 21-3058. 

Jasper County §§ 21-3104, 21-3109, 21- 
3111. 

Kershaw County § 21-3168. 

Lancaster County §§ 21-3228, 21-3251 et 
seq. 

Saluda County § 21-3964 et seq. 

Spartanburg County §§ 21-4022, 21-4030. 

Sumter County, No. 2 §§ 21-4059.1 et seq. 

Sumter County, No. 17 § 21-4072. 

Union County §§ 21-4171 et seq. 
Jasper County § 21-3101. 
Lancaster County § 21-3201. 
Statement from another, employee taking 

written, give copy § 1-65. 
Superintendents. 

Sumter County, No. 2 § 21-4059. 
Taxation. 

Allendale County §§ 21-1105 et seq. 

Berkeley County § 21-1457. 

Chesterfield County § 21-1882.1. 

Darlington County § 21-2254.1. 

Dillon County § 21-2411. 

Fairfield County § 21-2617. 

Florence County § 21-2657. 

Greenville County, No. 520 § 21-2832.1 

Greenwood County § 21-933. 

Horry County §§ 21-3055, 21-3056. 

Jasper County § 21-3108. 

Lancaster County § 21-3261. 

Lee County § 21-3361. 

Lexington County § 21-3422. 

Batesburg-Leesville District No. 3 § 
21-3426. 

Newberry County §§ 21-915, 21-3602. 

Obligations exempt from § 65-9. 

Saluda County § 21-3965. 

Spartanburg County § 21-4026. 

Union County §§ 21-4172 et seq. 
Teachers 

Retirement § 61-33. 
Textbooks, Sumter County, No. 2 § 21-593. 
Transportation of pupils living in isolated 

areas § 21-838.1. 
Trustees. 

Abbeville County, No. 60 § 21-1011. 

Aiken County § 21-1035.1. 

Allendale County § 21-1101. 

Anderson County § 21-1192. 

Barnwell County § 21-1351. 

Berkeley County § 21-1455. 

Calhoun County §§ 21-1549, 21-1550. 

Charleston County §§ 21-1636.1 et seq. 

Chesterfield County § 21-1901.1. 

Colleton County § 21-2179.1. 

Dillon County § 21-2403. 

Fairfield County §§ 21-25S0, 21-2600. 

Florence County §§ 21-2653, 21-2653.1. 

Greenville County, No. 520 § 21-2821. 

Greenwood County § 21-2910. 

Horry County § 21-3053. 

Jasper County § 21-3101. 

Kershaw County §§ 21-3151, 21-3161. 

Lancaster County §§ 21-3203, 21-3241. 



SCHOOLS AND ETC.— Cont'd 
Trustees — Cont'd 

Laurens County § 21-3307. 
Lee County §§ 21-3354, 21-3355. 
Lexington County § 21-3412. 
Newberry County § 21-3614. 
Oconee County § 21-3662. 
Pickens County § 21-3800. 
Richland County §§ 21-3882, 21-3882.1, 
21-3884, 21-3885. 

Spartanburg County §§ 21-4017 et seq. 

Union County § 21-4156. 
SECRETARY OF STATE 
Livestock brands, issuance, etc. § 6-366. 
Trade-marks, duties as to §§ 66-251 et seq. 
SENECA 

Councilmen, terms § 47-323.2. 
SERVICE ORGANIZATIONS 
Employees, retirement § 61-33. 
SEWERS AND SEWERAGE 
Protection, counties between 41,000 and 

43,000 § 59-609.1. 
SHEEP 
Brand or earmark §§ 6-361 et seq. 

See Livestock (this index). 
SHERIFF 

Election, Kershaw County § 53-52. 
Personalty abandoned on highway, duties 

as to §§ 46-482. 1 to 46-482.8. 
SHRIMP 

See Fish, Oysters, Etc. 
SINKING FUND COMMISSION 
Darlington County § 14-1701. 
SKINS 
Buying, storing and shipping §§ 28-483, 

28-485. 
License purchase § 28-481. 
SLANDER 

Radio broadcasting station, liability for de- 
famatory statement by political candidate 

§ 23-7. 
SOLICITOR 

Assistant, ninth judicial circuit § 1-259. 
Physical therapy law, prosecute violators of 

§§ 56-1335.5. 
South Carolina Industrial School. 

Commitments to § 55-103.1. 
SPARTANBURG COUNTY 
Board of Education § 21-4001. 
Board of health § 32-411. 
Garbage, collection and disposal §§ 32-1331 

et seq. 
Health department, director § 32-416. 
Schools. 

Districts, boundaries and consolidation 
§ 21-4015. 

Finances §§ 21-4022, 21-4030. 

Personnel §§ 21-4006, 21-4013, 21-4021. 

Superintendent § 21-4025. 

Taxation § 21-4026. 

Term § 21-4021. 

Trustees §§ 21-4017 et seq. 
Septic tanks, cleaning §§ 32-1331 et seq. 
State highway right-of-way and condemna- 
tion papers, filing in § 33-146.1. 
Superintendent of education §§ 21-4013, 21- 

4014. 
Supervisor, purchase of supplies § 14-3307. 
SPECIAL REFEREE 

See Reference. 



STAMPS 

See Taxes and Taxation. 
Meter impressions, use, as revenue § 65-8. 
Unemployment compensation, plan elimi- 
nated § 68-34. 
STATE 
Civil defense, agree with other states for 

mutual helpfulness in emergency § 44- 

415. 
Deposit of funds, security for § 1-745, 
Employees. 

Retirement § 61-33. 

Statement secured from another, make 
copy § 1-65. 
Statement from another, employee taking 

written, give copy § 1-65. 
Taxes, obligations exempt from § 65-9. 
STATE HIGHWAY DEPARTMENT 

See Highways. 
STATE HOSPITAL. 

See Mental Health, also Mentally 111. 
Maintenance § 32-998. 
Person charged with crime, admission to § 

32-1024. 
STATE INDUSTRIAL SCHOOL FOR 

GIRLS 
Commitment of white females to § 55- 

155.1. 
Persons not commit to § 55-164. 
Transfers § 55-164. 
STATE INSTITUTIONS 
Mentally ill in § 32-999. 
STATE MENTAL HEALTH FACIL- 
ITY 

See Mental Health. 
STATE TRAINING SCHOOL 

See Mental Health, also Mentally 111. 
Maintenance § 32-998. 
STATE TREASURER 
Counties, remit certain U. S. funds to § 1- 

872. 
STATUTES 

Game, application § 28-5.1. 
STEVEN'S CREEK RESERVOIR 
Fishing regulations §§ 28-1257, 28-1258. 
Permits fish in §§ 28-1251, 28-1252. 
SULLIVAN'S ISLAND 
Tax levy §§ 65-3416.1 et seq. 
SUMTER COUNTY 
Auditor, term § 65-1746.1. 
Board of education, jurisdiction § 21-4063. 
Circuit court. 

Jurors, pay § 38-308. 

Terms § 15-264. 
School district No. 2. 

Finances §§ 21-4059.1 et seq. 

Superintendent § 2-4059. 
Textbooks § 21-593. 
School district No. 17. 

Budgets § 21-4072. 
SUNDAY 
Exhibition of motion pictures, athletic 

sports and musical concerts on, city of 

6,225 to 6,250 § 5-103. 
SUPERVISOR 

Term, Abbeville County § 14-701. 
TAX COLLECTORS 

See Taxes and Taxation. 
TAX COMMISSION 

See Taxes and Taxation. 



TAXES AND TAXATION 

Board of assessors. 

Aiken County § 65-1806. 

Appointment, Newberry County § 65- 

1802. 

Berkeley County § 65-1828. 

Darlington County § 65-1809.1. 

Horry County §§ 65-1836, 65-1837. 

McCormick County 65-1857.1. 

Marlboro County § 65-1832. 

Saluda County § 65-1857.1. 
Board of equalization. 

Darlington County § 65-1865.1. 

Florence County §§ 65-1865.2, 65-1865.3. 

McCormick County § 65-1857.1. 

Saluda County § 65-1857.1. 
Districts. 

Newberry County § 65-1508. 
Exemptions. 

Alcoholic Anonymous § 65-1523. 

Clinton Newberry Natural Gas Authori- 
ty § 59-95.10. 

Dogs, considered property when § 6-151. 

Fort Hill Natural Gas Authority § 59- 
96.11. 

Motor vehicles of certain veterans § 65- 
1522. 

Public bonds, notes and certificates of in- 
debtedness § 65-9. 
Furs and hides § 28-482. 
Municipal. 

See Municipal Corporations. 
Returns. 

Forms, Marlboro County § 65-1642.1. 

Marlboro County § 65-1644.1. 
Road tax. 

See Road Tax. 
Sales. 

See Sales and Use Taxes. 
School. 

See Schools and School Districts. 
Soft drinks. 

See Soft Drinks Tax, 

"Bottled drinks" defined § 65-753. 
Stamps, use meter impressions in lieu § 

65-8. 
Sullivan's Island §§ 65-3416.1 et seq. 
Tax commission. 

Meter impressions, permit use of for rev- 
enue stamps § 65-8. 
Use. 

See Sales and Use Taxes. 
THERAPY 
Physical, practice, etc. §§ 56-1335 et seq. 

See Physical Therapy. 
TOWNSHIPS 

Employees, retirement § 61-33. 
Statement from another, employee taking 

written, give copy § 1-65. 
TRADE-MARKS 
Cancellation § 66-259. 
Common law, rights acquired in, at § 66- 

266. 
Definitions § 66-251, 
Goods, classes of § 66-252. 
Imitation. 

Civil liability § 66-263. 

Owner may enjoin § 66-265. 
Imitation of registered, civil liability § 66- 

263. 
Protection §§ 66-251 et seq. 
Records public § 66-264. 
Register, not § 66-261. 



TRADE-MARKS— Cont'd 

Registered, assignment of § 66-260. 
Registration §§ 66-257 et seq. 

Application §§ 66-253, 66-254. 

Certificate, issuance of § 66-255. 

Current, expiration, renewal § 66-257. 

Evidence of § 26-104.1. 

Fee § 66-253. 

Fraudulent, civil liability for § 66-262. 

Renewal §§ 66-256, 66-257. 

Term §§ 66-256, 66-257. 
TRAINING SCHOOLS 

See Mental Health. 
TRIAL 

Examination of witness concerning writ- 
ten statement § 17-513.1. 
Written statement made to public em- 
ployee, reference to, during § 26-7.1. 
TRUST AND TRUSTEE 
Investments § 67-58. 
Removed from State. 

Citation of § 67-56. 
TRUST COMPANIES 
Investments § 8-237. 

Property, accept for, safekeeping § 8-592. 
Safety deposit box. 

See Safety Deposit Box. 

Lease § 8-592. 
TURKEY 

See Game and Game Laws. 
UNEMPLOYMENT COMPENSATION 

Benefits § 68-108. 
Appeals § 68-155. 
Initial determination § 68-155. 
Payment § 68-210.1. 
"Benefit year" defined § 68-7. 
Definitions §§ 68-7, 68-19. 
Employer. 

Contribution rates § 68-253.1. 

Coverage, termination § 68-253. 

Nonemployment due to entry into armed 
forces § 68-175.1. 

Volunteer, term of coverage § 68-252. 
Experience rating accounts, transfer § 68- 

185.1. 
Stamp plan eliminated § 68-34. 
"Wages" defined § 68-19. 
UNION COUNTY 
Board of education § 21-4151. 
Fortune telling, license § 56-1271.1. 
Horse trading, license § 56-1271.1. 
Lockhart school district, bonded indebted- 
ness, Const, of S. C Art. X, § 5. 
Municipalities over two hundred, receipts 

and disbursements § 47-808. 
Schools, 

Attendance areas § 21-4158. 

Advisory boards § 21-41 58. 

Finances § 21-4171 et seq. 

Taxation §§ 21-4172 et seq. 

Trustees § 21-4156. 
Superintendent of education § 21-4157. 
UNITED STATES 
Funds of, remit to counties § 1-872. 
Mentally ill, care or treatment of, veterans 

§ 32-968. 
1950 census adopted § 1-601. 
Taxes, obligations exempt from § 65-9. 
Wildlife restoration projects, aid § 28-47. 
UNITED STATES ARMED FORCES 
Discharges, recording, Chesterfield County 

60-404. 



UNITED STATES ARMED FORCES— 

Cont'd 
Unemployment compensation, nonemploy- 
ment due to entry in § 68-253.1. 
USE TAX 

See Sales and Use Taxes. 
VEGETABLE JUICES 
Defined § 65-765. 
VETERANS 
Administrator of Veterans' Affairs, when 

party to action § 31-220. 
Mentally ill, care or treatment by U. S. § 

32-968. 
Motor vehicles of disabled, exempt from 

taxes § 65-1522. 
VITAL STATISTICS 
Records, free, when §§ 32-1124, 44-660. 
VOTING PRECINCTS_ 
Greenville County § 23-176. 
Orangeburg County § 23-191. 
WAR 

Civil defense emergency, mutual helpful- 
ness compact for § 44-415. 
Unemployment compensation, unemploy- 
ment due to employer being in armed 

forces § 68-175.1. 
WARDS 

See Elections. 
Greer divided into § 47-372.1. 
WATERS 
Fishing or hunting on banks of navigable 

streams § 28-8.1. 
Injurious substances, discharge into § 28- 

672. 
Protection, counties between 41,000 and 

43,000 § 59-609.1. 
WATERWORKS 
Commission, Berkeley County 

seq. 
WELFARE 

See Public Welfare. 
WEST UNION 
Intendant and wardens, term 
WILDLIFE RESOURCES 
SION 

See this title under Game and Game 
Laws. 
WILDLIFE RESOURCES DEPART- 
MENT 

See Wildlife Resources Department un- 
der Game and Game Laws. 
WILLIAMSBURG COUNTY 
Board of education § 21-4201. 
WOODCOCK 

See Game and Game Laws. 
WORKMEN'S COMPENSATION 
Exemptions. 

Greenville County § 72-103. 
Industrial Commission. 

Appointment, term § 72-51. 

Chairman § 72-51. 

Terms § 72-51. 
YEAR 
Fiscal. 

Abbeville County § 14-17. 

Richland County § 14-17. 
YORK COUNTY 
Boat fishing from in Catawba River § 28- 

1207. 
Catawba River, fishing in portion § 28-1207 



§§ 59-591 et 



47-112. 
COMMIS- 



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